The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1910-10-13
CITRUS Ex. BRINGS SUIT
Against the Aflantic Coast Line Rail-
Way for Alleged Violations Of the
Hepburn Act
tTampa Times, 12th)

The Florida Citrus Exchange has at
last brought suit against the Atlantic
Coast Line Railway to compel the en-
forcement of that section of the So
called Hepburn act. which makes 1t
the absolute duty of the initial carrier
to be responsible financially to the
shipper. for any damage to the goods
in transportation, whether such dam
age occurred on the lines Of the initial
carrier. or on that of subsequent
one.
The point involved in these test
cases is one of the most important at
least to the citrus industry, placed be-
fore the courts In some time. and 1t Is
matter OF speculation as to what the
exact defense of the railroad will be.
Of the railroads in the state the At
lantic Coast Line. alone, it is said, re-
fuses to assume the liability imposed
on the initial carrier, thus making it
extremely difficult and almost impos-
sible for the shipper to get any reas-
enable redress for his injury.
The Hepburn Act
The question involved is fully COW
cred in the latter part of section sew
en- of the act. enacted on June 30, 1906,
and which went into effect sixty days
later. the wording of which is as fol-
lows
THAT any common carrier, railroad
or transportation company receiving
property for transportation from a
point in one state. 10 point in an
other state shall issue receipt OF
bill of lading therefor. and shall be
liable to the lawful holder thereof for
any loss, damage or injury to such
property caused by 1T. or by any COM
mon carrier, railroad or transportation
company to which such property may
pass. and no contract. receipt. rule or
regulation shall exempt such common
carrier, railroad or transportation
company from the liability hereby i'm
posed: Provided, that nothing in th,s
section shall deprive an, holder OF
such receipt. or bill of lading. Of any
remedy or right of action which he
has under the existing law.
THAT the common carrier, railroad
or transportation company issuing
such receipt Or bill of lading shall be
entitled to recover from the common
carrier. railroad or Transportation
company on whose lines the loss. dana.
age or injury. as it may ba required tt
pay to the awners of such property, az
/
Judgment, or transcript thereof"
/ How the Atlantic Coast Line ha:
been violating the law. as alleged, !!
tbest evidenced by the following sec
ton. taken word for word. from tn,
regular bill OF lading, now In use OF
said line.
! Section I. It is agreed by the ship
Iper, as owner or agent for the owner
that in issuing this bill of ladins
Through to destination, when sucl
destination is on or over connecting
lines. the initial carrier acts only a.
lagent, and assumes no liability a.
principal as to the carriage of sait
freight beyond it's own lines: and tina
the liability Of said Initial carrier II
lresard to the said freight shall termi
4 nate upon delivery thereof. in goo'
order and within a reasonable time t
1.-THE next succeeding carrier. In case o
Iloss or damage liability therefor shall
be attached to only that carrier il
whose custody the said freight was a
lsuch time of loss or damage"