Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1909-01-02

Hallway company VS.. Texas, { 204 Y. 81 |
1889. In the case Just cited a car CT
corn was sold by the Samuel Hardin
Grain company at Kansas City, Mo-, to
parties living at Goldthwaite, Texas.
This car originated at Hudson, S. D.,
and was billed from Hudson, S. D., 70
Forester Bros, Texarkana. Tex"
"At the time of purchase contract t
was intended that the corn to be
thereby acquired should go to Saylor
& Brunette and should be shipped 70
Goldthwaite, from Texarkana, as soon
as practicable
When it arrived at Texarkana, Tex,
an agent of the shipper paid the pu.-
chase price for the corn and paid the
freight to Texarkana and rebilled the
corn from Texarkana to Goldthwaite,
Tex, and "the defendant was not a
party to the bill of laiding executed at
Texarkana."
The single question in the case IS
whether as between Texarkana and
Goldthwaite this was an interstate
shipment -
The above brief statement of facts
makes the case perfect parallel IN
principle to the facts which we have
assumed in your case.
Without quoting deliberately from
the opinion of the court, it is sufficient
TO say that Justice Brewer holds that
the first bill of lading from Hudson,
is. D., to Texarkana. Tex, is an indie
pendent contract for an interstate
shipment, and is fully completed when
the freight is paid at Texarkana by
the shipper or his agent.
nm how ~
thought or purpose of the Hardin com
pany in respect to the further DISPOSE
ton of the corn, was a matter imma-
terial so far as the completed trans
| pOrtation was concerned.
THE control over goods in process
of transportation, which may be re
peatedly changed by sales. is one
thing: the transportation is another
! thing, and follows the contract of ship
ment, until that is changed by agree
ment of owner and carrier.
The owner had right, upon the
completion of his contract, to change
his mind as to its ultimate destination.
| He could sell his product at TeXar-
kama or retain it for his own use, or
make any disposition that he saw fit
! to make. In the case above cited he
saw fit to rebill at to Goldthwaite,
| Texas, in accordance with his original
\ purpose.
Whatever obligations may rest up-
on the carrier at the terminus of is
transportation to deliver to some fur
! Their carrier in obedience to the in.
sructions OF the owner, it is acti,l,s
not as a carrier, but simply as a for
warder," and upon arrival of the corn
at Texarkana, and the completion OF
the contract by the payment of thu
freight, then, and not till then, did
the Hardin company have full title
and control of the corn, and that was
after the first contract OF transporta
ton had been completed
Both the carrier and the shippcl
have an absolute right to rely upon
the original contract, which was fol
the shipment of the freight and the
carrier must conform to the liabilit,
imposed by his contract
Iowa Follows Suit.
We believe that the reasoning adopt
z ed by his honor, Justice Brewer, is
sound. and it would serve no good pul
pose to set the same out in full il
this opinion. 1t is the latest adiudica
ton upon the subject which has beef
called to our attention and we feel We
ought to be bound by it, and especial,
. in view of the fact that it is in hal
mony with our own Judgment.
From careful examinatio of al
, the authorities we arrive at the fol
lowing conclusions:
First--It is immaterial what the pun
Yposes or intentions Of shipper b.
5 when he undertakes to ship from
, point without the state to a poin
J within the state.
!, Second-A shipper has right t
. ship from a point without the stat
: to a point within the state, using
$ bill of lading between said points
: pay the freight at the points of arrive
| then make a new bill of lading Q
2 contract, by rebilling to any point j
: the state
Third-In such case the Iowa di.
: lance tariff governs as to the rebil
a ing and reshipment.
9 Fourth A shipper has right t
g any advantages which may be disco,
d cred by him in the way of lowe
n freight rates in thus bringing his shi]
II ment within the jurisdiction of til
A laws Of this state and in the applic
l. ton of the local distance tariff.
u | think this opinion will answer a
. questions which may be in your min
Il upon the subjects suggested to us
n your letter. You will pardon the e
IS haustiveness of this reply, as it
G made for preservation i'll the offit
IT and for the purpose of serving as
Is guide in cases that may hereafter |
" presented to the commission, invol
e ing the same principle.
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r -
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