Fowler v. Seaboard Airline Railway Co.

Citations

• 56 Pa. Super. 345
• 1914 Pa. Super. LEXIS 90

Syllabus

<p>Carriers — Common carriers — Sale of goods for charges — Conflict of laws — •'Warehousing.</p> <p>1. Where a bale of fish netting is delivered in Pennsylvania to a railroad company to be carried to a point in Florida, under a bill of lading ■which provides that if the goods are not claimed within twenty-four hours from their arrival at the point of destination, they may be stored at the owner’s expense, and it appears that the goods duly arrived and that a month thereafter the owners were notified of that fact, and to make some disposition of the bale, but did nothing, the railroad company will be justified in selling the goods at public auction for storage charges under a Florida statute which provides for the sale of goods by warehousemen for storage charges where the goods have been unclaimed for ninety days. In such a case the law of Florida will be applied, although the contract of shipment was made in Pennsylvania.</p> <p>2. The owners of the goods, in such a case, cannot claim that they were misled in regard to the sale, because in a number of other instances there had been a delay in the payment of freight and the claiming of goods, where the evidence does not show such an established usage as to make it a custom upon which the owners were entitled to rely.</p>