Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-12-10
CUMBERLAND COUNTY


G. B. Johnson ct al VS.. New York,
New Haven & Hartford Railroad.
Rescript by Savage, c. j.
i. Upon exceptions to an order of
non-suit or of verdict for the defend
ant, the duty of the court is simply
to determine whether, upon the evil
dence, under the rules Of law, the
jury could properly have found for the
plaintiff If there was evidence which
the jury were warranted in believing,
and upon the basis OF which honest
and fair minded men might reasonably
have decided in favor of the plaintiff,
the exceptions must be sustained.
2. The language in railroad tariff,
approved by the Interstate Commerce
Commission, which provided that where
special switching service has been ar
ranged by the operating department upon
request Of shippers and eonsgnees the
following rates will be charged for such
special switching service is construed
to mean a service rendered under g spe-
cial contract or engagement, at the re-
quest of individual shippers or consignees,
and not a service which the railroad had
bound itself to render to all shippers and
consignees similarly situated, and which
was open to all such shippers and con-
signees
/ 8. 1t is not unlawful for carrier to
j give priority in carriage to berries and
j other perishable goods. Nor is it an I'M
i lawful discrimination for a carrier to
! expedite a switching service for perish
able goods, provided the service is ex-
tended to all shippers of that class of
goods.
A. Where a carrier has undertaken dur
ing the berry season to expedite the
transfer OF cars of berries to connect
ing carriers, for all shippers OF berries,
without additional compensation, the un-
dertaking to do SO is implied in each
general contract for carriage. under its
tariff for that class of goods.
s. Evidence that a letter was mailed"
to a person imports that it was deposited
in the mail properly stamped and prop
erly addressed. And that is prima facie
evidence of delivery by due course of
mail to the addressee,
g. 1t is the duty of a common carrier
to exercise reasonable care and diligence
in transportation, TO transport in a rea-
sonable time, without unnecessary de-
lay, to prevent so lar as 10 IedSolidple
and practicable any loss or damage
which may be oceasioned by delays in
transit, but in the absence of an I'M
dertaking to do SO, it is not bound to use
extraordinary means to forward even
perishable freight.
T. In case where a jury might rea-
sonably find that in the usual course OF
transportation, strawberries ordered
shipped in the defendants yard in Bos-
ton would be received at the point of
destination in this State in from 20 to "A
hours, the fact that the carriage of the
straw berries in question took IS hours
is sufficient to put upon the defendant
the burden of explanation.
s. The court is of opinion that jury
would be warranted in finding that there
was unreasonable delay in the transpor-
tation Of the Strawberries in question, not
only on the part of the defendant. but
also on the part of the Boston & Maine
Railroad, a connecting carrier, for whose
default the defendant, an initial carrier.
is responsible.
Exceptions sustained And as stipu-
lated Judgement for the plaintiffs for
1888 II.
Received Dec. s, 1913.