Aultman v. Atlantic Coast Line R. R.

Citations

• 71 Fla. 276
• 71 So. 283

Syllabus

<p>1. In an action against a common carrier whereby it is sought to recover damages for the loss of perishable goods entrusted to such carrier for shipment, alleged to have been occasioned through the negligent handling of and unreasonable delay by the carrier in transporting such goods, the declaration is not demurrable for failing to allege that the plaintiff was the owner of the goods. The consignor has the implied right to bring such action by reason of his delivery of the goods by him to the carrier and its receipt of them for carriage, especially when it is made to appear from the allegations of the declaration that the consignee was to receive and sell the goods for the plaintiff as the consignor.</p> <p>2. In actions at law where the negligence of the defendant is the basis of recovery it is not necessary for the declaration to set out the facts constituting such negligence, but an allegation of sufficient acts causing injury to the plaintiff, coupled with an allegation that such acts were negligently done, will be sufficient.</p> <p>3. In an action by a shipper to recover for loss of goods under Interstate Commerce Act Feb. 4, 1887, c. 104, sec. 20, 24 Stat. 386 (U. S. Comp. St. 1901, p. 3169), as amended by Act June 29, 1906, c. 3591, sec. 7, par 11, 34 Stat. 593 (U. S. Comp. St. Supp. 1911, p. 1307), requiring any interstate carrier to issue a bill of lading, and making it and any other carrier to which it may be delivered liable “to the lawful holder thereof” for any loss, the holding of the bill of lading is not a prerequisite to such right of action; but the statute extends its remedy directly against the carrier to whom goods are delivered for shipment in behalf of such shipper, or one who has succeeded to his rights. The declaration is not subject to demurrer for failing to allege that a receipt or bill of lading was issued for the goods and that the plaintiff was the lawful holder of such bill of lading.</p>