O.C.G.A. § 46-9-41 (2019)

Annotations

JUDICIAL DECISIONS Reasonable time implied. - Where the bills of lading are silent as to the time within which delivery was to be made, the law presumes it was to be done in a reasonable time, and parol evidence is not admissible to negative this presumption by showing that a definite and specific time was agreed upon either expressly or by implication. Central R.R. v. Hasselkus & Stewart, 91 Ga. 382, 17 S.E. 838, 44 Am. St. R. 37 (1892). Extraordinary diligence not required as to time of transportation. - Where a common carrier receives goods for transportation and is sued for delay in delivering them, it is error to charge that the carrier is bound to extraordinary diligence as to the time of transportation. Ordinary and reasonable diligence is the rule. Johnson & Shahan v. East Tenn., Va. & Ga. Ry., 90 Ga. 810, 17 S.E. 121 (1893). Liability of connecting carrier. - Where a railroad company receives goods on a contract made with the owner or the owner’s agent, to carry them to their destination beyond the terminus of that company’s line, and while in the course of transportation they come into the hands of a connecting railroad company by whose negligence there is unreasonable delay in delivering them at destination, the latter is liable in an action of tort for the delay, although there be no contract relations between the two companies nor any contract between the owner of the goods and the company causing the damage. Johnson & Shahan v. East Tenn., Va. & Ga. Ry., 90 Ga. 810, 17 S.E. 121 (1893). Delivering carrier not liable to consignee for delays caused by consignor’s instructions. - Where a car of tin cans and cartons is delivered to an initial carrier which routes the car either upon its own judgment or at the direction of the consignor, a delivering

carrier, other than the initial carrier, is not liable to the consignee for delay due to the routing of the car, even if the agent of the delivering carrier knew of the purpose for which the cans were needed by the consignee, and of the delay which would be caused by the routing of the car as it was routed, and even agreed with the consignee to route it so as not to cause delay. Pollard v. Jeffers-Bonner Co., 66 Ga. App. 757, 19 S.E.2d 188 (1942). Acceptance of portion of goods not waiver of claim for delay. - Mere acceptance of a portion of the goods shipped by railroad, on arrival at their destination, is not a waiver of all claim for loss resulting from delay. Georgia R.R. v. Cole & Co., 68 Ga. 623 (1882). Delay where goods retained for payment of freight. - There can be no recovery for damage to the goods sustained without fault or negligence of the carrier, while they were rightfully detained to await payment as preliminary to making a delivery to the consignee. Georgia R.R. & Banking v. Murrah, 85 Ga. 343, 11 S.E. 779 (1890). Evidence to show what is reasonable time. - The law implies a reasonable time; but aliunde evidence must be invoked to show what is a reasonable time. Rome R.R. v. Sullivan, Cabot & Co., 32 Ga. 400 (1861). Determining reasonable time of delivery is jury question. - Whether goods shipped are delivered by carrier within reasonable time is question of fact for the jury, and depends on the facts of each case. Columbus & W. Ry. v. Flournoy & Epping, 75 Ga. 745 (1885); Flowers v. Georgia N. Ry., 32 Ga. App. 52, 122 S.E. 647 (1924); Central of Ga. Ry. v. Griner & Rustin, 33 Ga. App. 705, 127 S.E. 878 (1925). Cited in Bryant & Lockett v. Southwestern R.R., 68 Ga. 805 (1882); Southern Ry. v.

Moore, 133 Ga. 806, 67 S.E. 85, 26 L.R.A. (n.s.) 851 (1910). RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, §§ 408, 409, 412, 415, 416. C.J.S. - 13 C.J.S., Carriers, § 454. ALR. - Provision in carrier’s contract requiring notice of damage or loss, as applicable to loss of market due to delay, 1 ALR 538. What constitutes delivery of freight to carrier, 22 ALR 970; 113 ALR 1459. Carrier’s liability for delay, or damages incident to delay, in transportation, due to strike, 28 ALR 503; 45 ALR 919.

Demurrage as affected by notice by carrier to consignee, 37 ALR 1334. Carrier’s liability to passenger for failure to keep trains to schedule time, 52 ALR 1332. Liability of carrier or other bailee because of misinformation as to time or place of arrival or storage of goods, 56 ALR 1382. Deviation by carrier in transportation of property, 33 ALR2d 145.