Origin of section.

- Former Code 1895, § 2287 (see O.C.G.A. § 46-9-191) did not have its origin in a statute of this state. It appears for the first time in the Code of 1863. It has, however, all the binding effect of an original act of the legislature, because of the adoption by the legislature of the codes wherein it appears. Central of Ga. Ry. v. State, 104 Ga. 831, 31 S.E. 531, 42 L.R.A. 518 (1898); Wilensky v. Central of Ga. Ry., 136 Ga. 889, 72 S.E. 418, 1912D Ann. Cas. 271 (1911).

Compliance with contract as condition precedent.

- The first sentence of O.C.G.A. § 46-9-191 clearly requires compliance with the contract for transportation of the goods as a condition precedent to acquiring a lien for unpaid freight charges, and thus carrier could not acquire a lien on goods which it refused to deliver. Esquire Carpet Mills, Inc. v. Kennesaw Transp., Inc., 186 Ga. App. 367, 367 S.E.2d 569 (1988).

No lien where goods are lost.

- No lien under former Civil Code 1895, § 2287 (see O.C.G.A. § 46-9-191) for freight could arise in favor of a carrier against the consignee for charges upon the goods which were lost. Robinson v. Dover & S.R.R., 99 Ga. 480, 27 S.E. 713 (1896).

Right of carrier to prevent reshipment.

- Where a carrier has a lien under former Code 1882, § 2077 (see O.C.G.A. § 46-9-191) on the property for freight charges, the consignor was under an obligation to settle with the company for the freight and storage charges before exercising the right to receive the shipment or to direct a reshipment of the property. Pennsylvania Steel Co. v. Georgia R.R. & Banking, 94 Ga. 636, 21 S.E. 577 (1894); Southern Ry. v. Born Steel Range Co., 126 Ga. 527, 55 S.E. 173 (1906).

Lien by last carrier where mistake by initial carrier.

- Where there was a mistake by the first carrier in directing the goods, under former Code 1882, § 2077 (see O.C.G.A. § 46-9-191), the last carrier will have a lien upon them for the freight earned by it, unless the owner gave notice of the route and the lines of road over which the owner's goods were to be transported. Bird v. Georgia R.R., 72 Ga. 655 (1884).

Lien as defense to contract action.

- A shipper cannot maintain against a carrier an action ex contractu for the value of goods consigned to the carrier for shipment and not delivered, when the carrier tendered the goods at destination in a damaged condition but refused to deliver them unless the shipper pays the usual freight charges in accordance with former Civil Code 1910, § 2741 (see O.C.G.A. § 46-9-191), notwithstanding the damages to the goods amount to more than the freight charges, and the shipper demanded that the damages to the shipment be offset against the freight bill. Wilensky v. Central of Ga. Ry., 136 Ga. 889, 72 S.E. 418, 1912D Ann. Cas. 271 (1911).

Lien as a defense to trover.

- Under former Civil Code 1895, § 2287 (see O.C.G.A. § 46-9-191) it had been held that the consignee of goods transported by a railway company cannot, ordinarily, recover them in an action of trover against the carrier, unless the consignee has first paid or tendered the freight and storage charges which had accrued, according to the rates and rules of the railroad commission. Seaboard Air-Line Ry. v. Shackelford, 5 Ga. App. 395, 63 S.E. 252 (1908).

Waiver or modification.

- Carrier's right to a lien for payment of the freight charges was clearly waived, or at least modified, by the special contract between the parties which provided that no payment was due until 15 days after loading, despite the fact that goods had been delivered prior to that time. Thus, unless the payment was due under the contract, no lien attached. Esquire Carpet Mills, Inc. v. Kennesaw Transp., Inc., 186 Ga. App. 367, 367 S.E.2d 569 (1988).

Cited in Ivey v. Knight & Boykin Poultry & Produce Co., 107 Ga. App. 634, 131 S.E.2d 147 (1963).

C.J.S.

- 13 C.J.S., Carriers, § 484.

ALR.

- Liability for freight charge as affected by delivery without collecting charge as stipulated or directed, 24 A.L.R. 1163; 78 A.L.R. 926; 129 A.L.R. 213.

Right of carrier to lien on goods shipped without owner's authority, 39 A.L.R. 168.

Validity, construction, and application of state statute giving carrier lien on goods for transportation and incidental charges, 45 A.L.R.5th 227.