Atlantic Coast Line Railroad v. Varner

Varner recovered a verdict against the railroad company for alleged damage to an interstate shipment of watermelons. The company’s motion for- a new trial was overruled, and it excepted. Only two points of several raised in the motion for new trial are insisted upon by counsel for the plaintiff in error.

The first question is, where, as here, the bill of lading for an interstate shipment requires, as a condition precedent to liability, that notice of the claim be presented within six months, is such stipulation complied with by the filing of suit within that period ? In the present case the…