Michigan Central Railroad v. Mark Owen & Co.

Citations

• 256 U.S. 427
• 41 S. Ct. 554
• 65 L. Ed. 1032
• 1921 U.S. LEXIS 1572

Syllabus

<p>1. Under a. “uniform” interstate bill of lading providing that property not removed, by the party entitled to receive it, within 48 hours after the notice of its arrival, may be kept in car, depot or place of delivery of the carrier.,subject to a reasonable charge for storage and to the carrier’s responsibility, as warehouseman only, or may, at' the carrier’s option, be stored in a public or licensed warehouse at the owner’s cost and risk, subject to a lien for the carrier’s freight and other charges, the carrier remains liable qua carrier during the 48-hour period, pending delivery. P. 430.</p> <p>2. A carload of goods, upon arrival at destination, was placed upon the railroad’s public delivery track, and the consignee, having been notified, accepted the car, broke the seals thereon and proceeded to unload. Held, that this, did not constitute a' delivery of the goods and that a loss of part, occurring during the unloading and within the 48-hour period provided in the bill of lading ut supra, par. 1, must 1 be borne by the railroad. P. 431.</p> <p>291 Illinois, 149, affirmed.</p>