Gulf Coast Transportation Co. v. Howell

Citations

• 67 Fla. 508
• 65 So. 661

Syllabus

<p>1. The usage or custom that may have the force and effect of law or of an implied contract or of a constructive delivery of goods, must be clearly and definitely proven; and where the evidence is uncertain and also contradictory, the usage or custom is not established.</p> <p>2. In this action to recover the value of barrels of rosin placed at steamboat landing on a river where there was no warehouse or agent, or wharf and carried away by an unusual freshet, brought upon the ground that the steamboat company, disregarding its constant and habitual custom and usage, negligently failed to stop and take the rosin on the first trip of the boat past the landing, the evidence is held not to show a breach of an implied contract or of a legal duty or actionable negligence so as to make the defendant liable as alleged in not taking the barrels of rosin as freight on the first trip of the boat past the river bank where the rosin was placed by the plaintiff at an unsafe point without giving notice to the defendant.</p> <p>Shackleford, C. J., and Cockrell, J., dissent.</p>