Siebert v. Erie Railroad

Headnote

Carriers — uniform bill of lading — when carrier liable for loss of freight from car, placed on siding for sampling, but which had been resealed and receipted for by its representative.

Siebert v. Erie R. R. Co., 189 App. Div. 586 , affirmed.

Appeal from a judgment, entered December 23, 1919, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and directing judgment in favor of plaintiff. The action was to recover for the loss of certain silver ore from a car received by defendant from another road. In the bill of lading was a notation “ To be stopped off at Bergen Junction for sampling at Ledoux & Co. Works.” The defendant transported the car to and placed it on a siding alongside said works. Ledoux & Co. unloaded the ore, ran it through a crushing machine, and after taking certain samples reloaded it on the car and notified defendant’s agent that the car was ready to go forward. An employee of defendant, after verifying the number of bags, sealed the car and delivered a receipt therefor. The next day, before the car had been moved, it was discovered that the seal had been broken and «certain bags removed. The complaint was dismissed on the theory that under the “ Uniform bill of lading ” carriers are not hable for loss of goods from cars after being placed on private

sidings. The Appellate Division held that defendant resumed possession as a carrier when its representative sealed the car and delivered a receipt and was, therefore, liable for the loss.