Gulf, Colorado & Santa Fe Railway Co. v. Texas Packing Co.

Citations

• 244 U.S. 31
• 37 S. Ct. 487
• 61 L. Ed. 970
• 1917 U.S. LEXIS 1603

Syllabus

<p>A case involving rights arising from through bills of lading issued under the Carmack Amendment is reviewable by this court upon writ of error to a state court. St. Louis, Iron Mountain & South- ■ ern By. Co. v. Starbird, 243 U. S. 592.</p> <p>'By request of the shipper and by action of the carriers in dealing with the freight accordingly, a shipment governed by the Carmack Amendment and- bills of lading thereunder may be diverted, from the original destination and the original bills of lading be continued in force as applicable to the new destination.</p> <p>When the bill of lading provides that the liability of any earriér for damage to goods shall be computed on the basis of the value of the goods — the bona fide invoice price to the consignee — at place and time of shipment, the difference between that value and the value of the goods when delivered at a new destination, to which they have been diverted under such bill of lading by consent of the parties, is a proper measure of damages suffered in transit.</p> <p>So held when the goods were damaged when they reached the original destination and were sold, in bad condition, by the shipper at the new destination.</p> <p>In such case the shipper discharges his duty to the carrier when he sells the goods at the new destination for the best price obtainable.</p> <p>Under the Carmack Amendment an initial carrier sued for negligent damage to goods is not entitled to recover over against a connecting carrier which did not contribute to such damage.</p>