Gulf, Colorado & Santa Fe Ry Co. v. Texas Packing Co., 244 U.S. 31 (1917)
U.S. Supreme CourtGulf, Colorado & Santa Fe Ry Co. v. Texas Packing Co., 244 U.S. 31 (1917)
Gulf, Colorado & Santa Fe Railway Company
v. Texas Packing Company
Argued December 6, 1916
Decided May 7, 1917
244 U.S. 31
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 & Southern Ry. Co. v. Starbird, 243 U. S. 592.
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.
When the bill of lading provides that the liability of any carrier 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.
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.
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.
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.
172 S.W. 195 affirmed.
The case is stated in the opinion.