Transmarine Corp. v. R. W. Kinney Co.

The appeal in this action, taken by bill of exceptions, is from a judgment entered in the superior court in favor of the plaintiff in the sum of $2,058.33 upon causes of action for freight claimed to be due under the terms of certain identical bills of lading which provided as follows:

The facts pertinent to a decision by this court are as follows: Republic Iron & Steel Company, shipped by rail from Youngstown, Ohio, to Port Newark, New Jersey, five • carloads of wrought iron pipe. At Port Newark the shipment was received by Atlantic Port Railway Corporation, a switching or terminal caííier, and delivered to respondent. The latter accepted the shipment for transportation to San Francisco and Oakland, California, by water. Two of the carloads were received by the respondent on March 8, two on March 9 and one on March 11, 1926. Formal issuance of bills of lading showing appellant R. W. Kinney ■ Co., Inc., as consignee was made on March 13, 1926, each of which bills of lading contained the following clause:

The steamship “Suduffeo,” operated by the respondent, sailed with the shipment on March 13, 1926, for San Francisco. On the following day, by wireless, she reported all was well…