MICHIGAN CENTRAL R. CO. V. MARK OWEN & CO., 256 U. S. 427 (1921)

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U.S. Supreme Court

Michigan Central R. Co. v. Mark Owen & Co., 256 U.S. 427 (1921)

Michigan Central Railroad Company v. Mark Owen & Company

No. 299

Argued April 28, 1921

Decided June 1, 1921

256 U.S. 427


1. Under a "uniform" interstate bill of lading providing that property not removed by the party entitled to receive it within 48 hours after the notice of its arrival may be kept in car, depot, or place of delivery of the carrier, subject to a reasonable charge for storage and to the carrier's responsibility as warehouseman only, or may, at the carrier's option, be stored in a public or licensed warehouse at the

Page 256 U. S. 428

owner's cost and risk, subject to a lien for the carrier's freight and other charge, the carrier remains liable qua carrier during the 48-hour period, pending delivery. P. 256 U. S. 430.

2. A carload of goods, upon arrival at destination, was placed upon the railroad's public delivery track, and the consignee, having been notified, accepted the car, broke the seals thereon, and proceeded to unload. Held that this did not constitute a delivery of the goods, and that a loss of part, occurring during the unloading and within the 48-hour period provided in the bill of lading, ut supra, par. 1, must be borne by the railroad. P. 256 U. S. 431.

291 Ill. 149 affirmed.

Certiorari to review a judgment of the Supreme Court of Illinois affirming a judgment for damages, rendered in favor of the present respondent by the appellate court of that state upon an appeal from a contrary judgment of the Municipal Court of Chicago. The facts are stated in the opinion.

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