Layton v. Central of Georgia Railway Co.

1. Under the Carmack amendment to the interstate-commerce act, a suit on a bill of lading for loss of or damage to freight shall be maintained by the holder of the bill of lading, or by the party entitled to recover thereon. This does not mean that a suit can be maintained by one whose mere physical possession of the bill is wrongful, or which amounts to nothing more than that of a fiduciary custodian for the actual owner (Central of Ga. Ry. Co. v. Evans, 35 Ga. App. 438 (134 S. E. 122); but under the Cummins amendment, the “holder” of a bill of lading, such as is entitled to maintain an…