R. C. A. Truck Lines, Inc. v. Georgia Rug Mill, Inc.

The plaintiff in error contends in arguing the general demurrer that under the Federal law (specifically the Federal Motor Carrier Act, 49 U. S. C. A. § 301 et seq. and the regulations of the Interstate Commerce Commission pursuant thereto) the carrier is not responsible for injury resulting from the failure to provide protective service unless such service is provided for under some specific provision of the carrier’s tariff. Conceding for the sake of argument that such is the rule, it is applicable to actions for breach of the contract of carriage and does not constitute a bar to a…