A Judicial Decision of Great Interest to Railroads.
In two suits recently brought against the Texas & Pacific road, a New Orleans judge has rendered a decision that is of very general interest. The decision in brief is that a railroad is bound by the admissions contained in the bill of lading just as the shipper is bound by the terms. Several weeks ago two suits, exactly the same except for the amounts involved and the complainants’ identity, were filed against the Texas & Pacific road. In both damages was asked for cotton received in a damaged condition, which the bill of lading sets forth had been received by the road in good condition.
In both cases the plaintiffs introduced the bills of lading in evidence. They showed by the signature of the authorized agents of the road that the cotton had been received by the road for shipment in good condition. The road in its defense attempted to prove that the cotton was received in the same condition as when delivered, and that it had not been damaged in transportation.
The plaintiffs both proved that upon the receipt of the bills of lading, specifying that the cotton had been received by the road in good condition, they had paid for it by sight drafts in favor of the shippers.
In his decisions, both of which were the same, the judge held that evidence to disapprove the statements contained in the road’s bill of lading was inadmissible, and that the bill of lading placed the responsibility for the condition of the cotton with the road. For these reasons judgment in both cases was for the plaintiff. The conclusion of the court was that when the consignee pays by sight draft upon the averment of the bill of lading evidence that the goods were not received in good condition is not admissible.
It is stated that in furtherance of a plan to shorten the distance between St. Louis and points in Western Texas and Mexico, a syndicate has been formed to complete the Red River & Southwestern road, which is projected from a point on the Rock Island road in the Indian Territory through Western Texas to San Angelo, to connect with the Southern Pacific at Spotswood Junction. It is estimated that the new route would shorten the distance between Mexico and St. Louis fully 600 miles, while points in Southwestern Texas will be 200 miles nearer the latter city.
C. W. Cheers, formerly assistant general freight agent in Birmingham of the Kansas City, Memphis & Birmingham, but who resigned on January 1, has been appointed general freight and passenger agent of the Savannah, Americus & Montgomery, with headquarters at Americus.
Much interest has been aroused by the bills pending in the Virginia legislature to incorporate the Richmond & Northern and Richmond & Manassas roads. The former is claimed to be a projected road from Richmond to Fredericksburg, and the latter between Richmond and Manassas. Either would form part of a line from Richmond very nearly to Washington, and it is intimated that the Baltimore & Ohio may be interested in one.
It is stated that the Baltimore & Ohio is preparing to build its branch road from a point north of Georgetown, D. C., to Fairfax C. H., Va., on which work was begun some time ago, but suspended for some unknown cause. Fairfax is but a short distance from the Richmond & Danville road, with which the Baltimore & Ohio has close relations, and it is evident that the building of this branch means a connection with the Richmond & Danville.
The Norfolk & Western road is also securing the necessary legislation to enter Washington.
One of the indications of the rapidly-developing trade between the North and South is the establishment of a fast through freight from New York to the South by the Atlantic Coast Line. Freight under the new regulation, no matter how small the consignment, is rushed through from the North without delay. With each succeeding season this service has been expanded and improved, keeping pace with the development of the industries which produced it, until finally it has reached a point of usefulness and perfection upon which it would be difficult to improve. Until the present season, however, this special service has been confined to a northward-going schedule, but lately it has become apparent that the demand for a similar service from the North to the South was daily becoming more and more urgent. The Atlantic Coast Dispatch has also established a line of refrigerator cars out of New York for Charleston, the service being designed to furnish the safest and most expeditious transportation for all southward-going perishable freight. These cars will prove of especial advantage to the large shippers of apples, butter and other perishable articles.
It is believed that the Richmond & Danville’s present management will soon secure a seaboard outlet at Norfolk or Portsmouth, either by acquiring the Atlantic & Danville, which, as stated elsewhere, is to be purchased by the English bondholders at foreclosure sale and reorganized, or by building a new line. The plans of a new company which has been formed to build an extension of the Atlantic & Danville from Danville to Bristol, Tenn., passing through rich and undeveloped coal and ore lands, are told of elsewhere. The building of the proposed Virginia Seaboard & Western road, and the control of the Atlantic & Danville by the Richmond & Danville, would give the latter not only a new seaboard terminus, but also a large coal, timber and ore traffic from Tennessee and Virginia, as well as establish a new route from Tennessee, Kentucky and the Northwest to the Atlantic.
The projectors of the Gulf & Interstate Railroad to extend from North Dakota to the Gulf of Mexico have secured an option on property at Port Bolivar, on Galveston bay, opposite Galveston, Texas, with a view to making that the terminus of the road.
The New York, Texas & Mexican and the Gulf, Western Texas & Pacific roads, both parts of the Southern Pacific system, have elected the following-named officers: President, J. Kruttschnitt; vice-president, W. S. Hoskins; secretary, B. M. Smith; treasurer, W. J. Craig.
A movement is on foot to establish a steamship line between Jacksonville, Fla., and Providence, R. I.
The Baltimore & Ohio is said to be planning to extend its Valley division from Lexington to Roanoke.
The Clyde Steamship Co. is considering an extension of its service to New Orleans.
Business on the Norfolk & Southern is developing to such an extent in North Carolina that the company has decided to establish six new stations in that State.
The Illinois Central Railroad is exhibiting great energy in the matter of inducing immigration to the South. Mr. E. P. Skene, land commissioner of the road, at Chicago, Captain J. F. Merry, Manchester, Iowa, assistant passenger agent, Mr. J. M. Eberle, of Chicago, land and immigration agent, Mr. C. W. McGinnes, land commissioner of the Yazoo & Mississippi Valley Railroad, located at Memphis, Mr. J. T. Savage, division superintendent of the Yazoo & Mississippi Valley Railroad, at Greenville, Miss., are all giving active and comprehensive attention to this work.
Mr. C. J. Haile, the general passenger agent of the Central Railroad, of Georgia, is taking advantage of the excursion rates offered to prospectors, by authority of the Southern Passenger Association, to distribute in the Northwest circulars setting forth the agricultural attractions of the country tributary to his roads. Mr. Haile is an enterprising and progressive railroad man, and fully comprehends the value of having the country traversed by his road thickly populated by Northern farmers.
Mr. W. C. Rinearson, general passenger agent of the Queen & Crescent route, is trying to arrange with the Southern Passenger Association to have tickets for his line, via Chattanooga, carry the privilege of stopping over at Chattanooga, so that travelers may have an opportunity of seeing Lookout Mountain, the National Military Park and other Chattanooga sights.
At the request of Col. C. P. Atmore, general passenger agent of the Louisville & Nashville Road, the passenger agents of roads having interests at Memphis, Tenn., met in that city February 14, to arrange a passenger association.
At a meeting of the truck farmers, held at Chattanooga, S. C., February 19, to consider the matter of transportation of vegetables and fruits to New York, a member had this to say in praise of the famous Old Dominion line of steamers:
“They have fast steamers especially constructed for carrying highly perishable freights; they have ample tonnage for handling all the business that comes to them, and their deliveries in New York are not only convenient to the trade, but are made more rapidly than any other line with whom we do business.
“In addition to their already large fleet they are about to launch two splendid new steamers, the “Jamestown” and “Yorktown,” which will be ready by April 10, and are expected to be the fastest coastwise steamers out of New York.
“Our experience with the Old Dominion Co. covers more than thirty years. During that time they have always been found willing to do all in their power to assist the grower both in improved service and in giving as low rates of freight as are consistent with fast transportation.”
The Atlantic Coast Line system has been one of the most liberal and progressive roads in the South in fostering the trucking business along its line. It has made a specialty of its truck traffic for many years, and to its enterprise is largely due the magnitude of the business which is now done out of Charleston.
The Middle Georgia & Atlanta road, from Atlanta to Milledgeville, has just been completed. It is seventy-five miles shorter from Atlanta to Milledgeville by this route than by any other. Over forty miles of the line between Covington and Eatonton has no bonded debt whatever, $450,000 of the stock being taken and paid for by Georgia people. The ultimate destination of the line is Savannah. W. B. Thomas is general manager.
The Atlantic & Danville, which extends from Danville across Southern Virginia to the Seaboard, has attracted considerable interest from the fact that a company has been organized, composed largely of bondholders of the road, to build a line from Danville to Bristol, Tenn., to be called the Virginia Seaboard & Western. The Atlantic & Danville is to be sold by order of the court on April 3, and, it is expected, will be purchased by the bondholders. The new road, if built, will be about 115 miles long and connect with the East Tennessee, Virginia & Georgia system at Bristol. It would give the latter an outlet on the Atlantic seaboard and develop much mineral property of east Tennessee and southern Virginia, the product of which now has no means of reaching furnaces.