Atlantic Coast Line Railroad v. Tifton Produce Co.

1. Where, after a shipper, who was both the consignor and the consignee of freight delivered to a carrier for transportation, refused to accept delivery of the freight from the carrier at the point of destination, and to pay the freight charges, and the freight, which was perishable, being a carload of watermelons, had depreciated in value, due to a delay in the shipment by the fault of the carrier, the shipper could maintain against the carrier an action for the damages, either ex delicto, or ex contractu for a breach of the contract of carriage, as the shipper might elect, the shipper’s…