Superior Court of San Bernardino County (California)

Procedural Posture: job description template

Defendant common carrier sought review of a decision by the Superior Court of San Bernardino County (California), which entered judgment for plaintiff shipper and denied the carrier's motion for a new trial in the shipper's action for damages allegedly caused by the carrier's negligence in transporting certain goods.

Overview

The parties entered into a contract for the transportation of two carloads of orange trees from Florida to California. The carrier's regular line was broken by severe storms and the trees were taken by an alternate route through Colorado and Utah to California. The trees were entirely destroyed by cold weather during transportation. The shipper filed an action to recover damages in which he alleged that the carrier was grossly negligent in ordering the use of the alternate route. The trial court entered judgment for the shipper and denied the carrier's motion for a new trial. On appeal, the court reversed the trial court's decision. The court held that the trial court erred in overruling the carrier's objection to proof of the market value of the trees at their destination. The court found that the parties had expressly agreed in their contract that the measure of any damages would be the actual invoice cost of the trees at point of shipment. The court determined that the agreement fixing and limiting the value of the goods was fairly made in consideration of a lower freightage, did not operate to exempt the carrier from liability, and was not a violation of public policy.

Outcome

The court reversed the judgment of the trial court and remanded the cause for further proceedings.