Savannah morning news. [volume] (Savannah) 1868-1887, 1883-01-25
Ocean steamship Company vs.. MICA

Ocean Steamship Company vs., McAlpin.
Case. from City Court of Savannah.
Common carriers. Damages. Negli-
gence. Charge of Court, Presump-
tions. Contracts. Custom,
HALL, j,
/, Where vegetables were shipped for
transportation by common carrier, and
upon delivery were receipted for as in
good order, in a subsequent suit against
the carrier for damages to them, the con-
signee's receipt repealed the presumption
that the vegetables were damaged on the
voyage by the negligence of the carrier,
and was prima facie evidence of the good
order of the vegetables at the time of the
delivery. 81 Ga, 339:
(a1. After giving this principal in
charge, it was error to add ''that if the
damage existed, before the receipt was
given by the cOnsignee, it lies upon the
transportation company to show that they
used all ordinary care and diligence"
This addition was in direct conflict with
the charge just given; or if not so in
tended, it was at least calculated to mis-
lead the jury, and therefore it is safest to
grant a new trial. Code, sec. 3715; 25 Ca,
1884; 10 Id, 1886; IA Id, 49,
3. Where vegetables were shipped for
transportation by steamship from Savan-
nah to New York, and the contract pro-
like good order as that in which they were
received, dangers of the sea, rivers and
steam navigation, of what nature or kind
soever, excepted,n and where such vege-
tables were received by the cOnsignee and
receipted for as in good order, but suit was
subsequently brought for damages al
legged to have resulted from the negligence
of the carrier, if the evidence left 1t in
doubt what the cause of the injury was,
or if the damage could be as well attri-
buted to the dangers of the sea as to neg
ligence, the plaintiff could not recover.
Hutshinson on Carriers, S76S; Con.
and p. $50.
(a). After charging this principle, it
was error to add ''that the evide nee must
show that it was damage which occurred
by an occurrence or act apart from the
company, and one which they could not
have guarded against, to enable the jury
to find for the defendant If not directly
contradictory 10 the principle just laid
down, this addition was so vague, general
and uncertain as probably to mislead the
Jury instead of assisting them,
8. The custom of business or trade is
binding when it is of such universal prac-
tice that it becomes by implication a part
of the contract. % Ga, 543; Al Id, Ill.,
122; Code 81, par. 4.
(a). To render custom thus binding,
it is not necessary to show that 1t was in
the minds of both parties" before it be-
comes part of the contract.
4, Under the evidence in this case the
Judge should have charged, as requested,
that admissions ofparties must beclosely
scanned and received with care" While
not in the exact language of the Code, 1t
is within the sense and spirit of the law.
Code 1892.
Judgment reversed.
Lawton Il Cunningham for plaintiff in
error; Garrard & Meldrim for defendant,
Rothschild vs.. City OF Darien. Certiorari,
from Mcintosh. Criminal law. NUM-
cipal corporations, Laws.
HALL, ].
1. A municipal corporation cannot legis-
late on subjects already made ohenses
and punishable by the laws Of the statej