Norris v. Savannah, Florida & Western Railway Co.

Citations

• 23 Fla. 182

Syllabus

<p>1. Where the transportation of freight, perishable in its nature, is interrupted and delayed by a flood in a river which the track of the railroad crosses, and the freight decays, and there is no negligence on the part of the common carrier in taking care of the-freight or otherwise, the loss'is attributable to the flood as an act. of Cod and the carrier is not liable.</p> <p>2. That a similar flood had occurred once in each of the two preceding years, but the carrier had not, by changing the construction of its l'oad or providing other means of crossing the river, avoided the detention, does not render him liable, such floods being, up. to the time of the trial of the cause, otherwise unprecedented.</p> <p>3. The mere failure to notify the consignor or consignee of the detention, held not to render the carrier liable; the freight being promptly delivered as soon as the subsidence of the waters rendered a continuance of the transportation and a delivery possible, and no negligence in taking care of the freight appearing, and there being no evidence to show that the damage sustained would have been diminished, or to what extent, if such notice had been given.</p>