Graham Bros. Construction Co. v. Seaboard Coast Line Railroad

Underwood, Judge.

Graham Brothers Construction Company, Inc. ("shipper”) appeals from a judgment in favor of Seaboard Coast Line Railroad Company ("railroad”) for freight charges for shipment of a backhoe and from the grant of the railroad’s motion for summary judgment as to the shipper’s counterclaim for damages resulting from late delivery.

The facts are undisputed. On May 7, 1973, the railroad entered into a contract with the shipper to transport a Pocláin backhoe from Dublin, Georgia to Bainbridge, Georgia and issued a bill of lading. The backhoe was to be delivered to Bainbridge in four…