Southern California Commercial Co v. Alberti

California Court of Appeal Jun 2, 1922 No. Civ. No. 3782.Published

Before: Shaw

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Holding. The court held that the consignor of goods is primarily liable for freight charges, and that this obligation is not discharged by the carrier's alleged unauthorized inspection of the goods or by the transfer of the bill of lading to a third party. Furthermore, the final carrier is entitled to recover the full freight charges, including amounts advanced to initial and intermediate carriers, by operation of law.

Issues

Whether the consignor is primarily liable for freight charges regardless of the transfer of the bill of lading to a third party.
Whether the final carrier has the right to recover freight charges paid to initial and intermediate carriers.
Whether an alleged unauthorized inspection of goods by the consignee excuses the consignor from paying freight charges.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The consignor with whom the contract of shipment is made is primarily liable for the payment of the freight charges, whether he is the owner of the goods or not”

“Such act, by operation of law and in consideration of the payment so made, constituted an assignment to the final carrier of the rights of the initial and intermediate carriers to recover for the services rendered by them.”

[86]

SHAW, J.

This action is by plaintiff as assignee of the Kansas City Southern Railway Company, which was the final carrier, to recover freight charges for the transportation of a carload of grapes from Los Angeles, California, to Frontenae, Kansas. Judgment for plaintiff, from which defendants appeal.

The issues tendered by the verified pleadings are simple. It is alleged in the complaint that on October 14, 1916, defendants delivered to the Los Angeles

Salt Lake Railway Company, in the county of Los Angeles, a carload of wine grapes under an agreement for the transportation thereof to Frontenae, Kansas, where V. Brunetti should be notified of its arrival, and the same delivered to the order of defendants; that the carload of grapes was by said Salt Lake Railway Company and its connecting lines delivered to plaintiff's assignor, the Kansas City Southern Railway Company, by which as final carrier it, on October 23d, arrived at Frontenae, Kansas, whereupon a notice in writing of such fact was duly given by the agent of such last-named railway company to V. Brunetti, who presented a bill of lading therefor, but refused to accept said carload of grapes or pay plaintiff’s assignor as final carrier the lawful charges thereon; that upon such refusal of Brunetti, plaintiff’s assignor immediately communicated with defendants and requested instructions for the disposal of the goods, but they refused to instruct plaintiff’s assignor in the premises, whereupon, for $30, the grapes were lawfully sold for freight charges, which sum was credited upon the through freight charges for the transportation of said carload of grapes, which amounted to $374.90; that plaintiff’s assignor, as the final carrier, advanced to the initial and intermediate carriers their respective proportions of .said freight charges; that the balance due thereon of $344.90 has not been paid; that prior to the commencement of this action the Kansas City Southern Railway Company duly assigned to plaintiff all its right, title, and interest in and to its claim for said freight charges.

By their answer defendants denied that the grapes were transported, as alleged in the complaint, from Los Angeles County to Frontenae, or that Brunetti was notified of the arrival of the ear at its destination, or that he refused to accept the same and pay the freight charges thereon, or

Southern California Commercial Co v. Alberti

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SHAW, J.

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