Atlantic Coast Line Railroad v. Sandlin

Citations

• 75 Fla. 539
• 78 So. 667

Syllabus

<p>1. There was no reversible error in sustaining a demurrer to a plea to a declaration where another plea, setting up the same matter of defence, was thereafter filed and the case was tried upon the issue made by such plea.</p> <p>2. The owner of personal property, which he has recently purchased, who is familiar with its dost price may testify as to the value of such property, since the cost of a thing is some, evidence of its market value.</p> <p>3. Where a cause is heard by a Referee, upon a motion for a finding for the- defendant at the close of the evidence for the plaintiff, the Referee is governed practically by. the same rules that are applicable in a case of a demurrer to evidence or upon a motion for a directed verdict.</p> <p>4. Where a Referee to whom a case is referred for trial hears the witnesses and sees them as they testify, his findings of fact are entitled to the ^ame weight as the verdict of a jury.</p> <p>5. At common law common carriers are held, to a very strict accountability for the loss and failure to deliver goods received by them for carriage. Such accountability is not founded on contract but is imposed by law upon grounds of public policy for the protection of the shipper land, in the absence of a binding contract otherwise fixing liability, a common carrier is, with certain exceptions, liable as an insurer to a shipper for losses of or injuries to goods being transported by such carrier.</p> <p>6. In the absence of a valid contract on the subject the relation of a carrier is nót changed to that of warehouseman with respect to a shipment of goods transported by it until such shipment has reached its destination and notice thereof has been given the consignee and he has been afforded reasonable time thereafter in which to receive and remove such goods or reject them.</p> <p>7. By the Carmack Amendment to the Interstate Commerce Act (Act of June 29, 1906, C 3591, .Sec. 7, 34 Stat. at Large, 584, 595), Congress has relieved carriers of in