Florida Central & Peninsular Railroad v. Berry

This was an action by Berry to recover damages from-the railroad company, for a failure to deliver within a reasonable-time two car-loads of bran shipped from Augusta, Georgia, to-Tampa, Florida. A bill of lading was issued to Berry, in which he was named as both shipper and consignee, but which contained the words “notify Phillips & Fuller.” The bill of lading was indorsed by Berry and attached to drafts upon Phillips & Fuller,, which were sent for collection to a bank at Tampa. These drafts-were not paid. At the trial the railroad company offered evidence tending to show that the failure to…