Sinagra v. Illinois Cent. R. Co.

56 So. 2d 233, 220 La. 206, 220 La. 205, 1951 La. LEXIS 983
CourtSupreme Court of Louisiana
DecidedNovember 5, 1951
DocketNo. 39541
StatusPublished
Cited by4 cases

This text of 56 So. 2d 233 (Sinagra v. Illinois Cent. R. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sinagra v. Illinois Cent. R. Co., 56 So. 2d 233, 220 La. 206, 220 La. 205, 1951 La. LEXIS 983 (La. 1951).

Opinion

MOISE, Justice.

This is a suit for damages alleged to have been sustained by plaintiff shipper as a result of delayed handling of a carload of green peppers by defendant carrier. The trial court rendered judgment for the full amount prayed for, $2,866.68, with legal interest from judicial demand; and defendant has appealed.

Plaintiff, Charles Sinagra, doing business as C. & S. Produce Company alleges that on June 13, 1946, through his agent, Joseph J. Giacone, he shipped 813 hampers or crates of sweet “California Wonder” peppers, from Hammond, Louisiana, via Illinois Central Railroad Company, Refrigerator Car No. ART 73842, consigned to C. & S. Produce Company, St. Louis, Missouri. The following day, he diverted the shipment, still in transit, to Joseph Basile Company, San Francisco, California, Broker and Distributor. (The diversion of the shipment had no> bearing on the subsequent delay in handling of the car in question, since, according to the Illinois Central freight schedule, the first stage in the route of a shipment to San Francisco from Hammond, Louisiana, would be via McComb, Mississippi, to St. Louis.) The shipment did not reach San Francisco until June 27, 1946, five days after its scheduled arrival, having been “lost in the yards” in California — such being the admission of defendant. During this five-day interval a large portion (241 hampers) of the shipment is alleged to have spoiled and to have been disposed of on orders from the Department of Agriculture, State of California. Furthermore, the market price range on this type of green pepper dropped by eight cents (from 15-20 to 7-12).

Plaintiff’s claim for $2,866.68 damages sustained is based on a price of 17% cents per pound (the average of the market price of 15$ to 20$ on June 22, 1946, the date of scheduled arrival) for 20,325 pounds of peppers (813 crates at 25 pounds to the crate). From a hypothetical gross of $3,-556.87 thus estimated, plaintiff deducted the freight charges, drayage and demur-rage, totalling $508.91, which would have been incurred in any event, plus the sum of $181.28, his actual net realization from the carload of peppers, or a total deduction of $690.19.

[212]*212We note, initially, that there are two distinct competent elements of plaintiff’s loss: (1) the price differential on the entire shipment between the scheduled date of arrival and the actual date of arrival, and

(2)the value, as of the scheduled date of arrival, of those hampers and crates alleged to have been disposed of on a Violation Notice issued by the Department of Agriculture, State of California.

Defendant has offered no affirmative evidence in refutation of plaintiff’s claim, but relies here, as in the district court, on the alleged insufficiency of the proof submitted in support thereof.

Plaintiff has tendered the following documentary evidence:

(1) Defendant’s Original Bill of Lading, issued on June 13, 1946, and Diverted Bill of Lading, issued on June 14, 1946, showing a shipper’s loading count of 16,260 pounds (for 813 bushel boxes, hampers), and not 20,325 pounds, as subsequently alleged in plaintiff’s petition and as a basis upon which recovery was allowed. Neither figure represents an actual weighing, but is an estimate (based on 20 or 25 pounds to the crate, respectively); since there is nothing in plaintiff’s testimony as adduced on trial to justify the use of the larger figure in preference to the one originally declared by defendant and evidenced in writing, we will limit his recovery accordingly.

(2) Original Inspection Certificate No. 27692 of the United States Department of Agriculture and Louisiana Department of Agriculture and Immigration, showing that the shipment was in good condition when it left Hammond, Louisiana, on June 13, 1946.

(3) Market News Service (a bulletin) of United States Department of Agriculture and California Department of Agriculture for June 18, 20, 21, 24, 25, 26 and 27, quoting wholesale fruit and vegetable prices in the San Francisco market on the dates in question, said dates covering time of scheduled arrival and time "of actual arrival of the instant shipment.

(4) Statement of account issued by plaintiff’s broker in San Francisco, Joseph C. Basile, showing total sales of 460 crates, 2 hampers, and 119 damaged hampers, for a gross price of $690.19, with costs amounting to $508.91, and a net to the plaintiff shipper of $181.28.

Defendant objected to the introduction in evidence of the Bills of Lading, because on their face they do not show that plaintiff was the owner of the peppers, but merely show that they were shipped by one Joseph J. Giacone! We are of the opinion that plaintiff’s allegation, and subsequent testimony, that Giacone was his agent, is corroborated by the record itself.

The Inspection Certificate, issued jointly by the United States Department of Agriculture and Louisiana Department of Agriculture and Immigration, and the Market News Service, issued jointly by the [214]*214United States Department of Agriculture, Production and Marketing Administration, and the California Department of Agriculture, Bureau of Market News, were properly admitted in evidence, under LSA-R.S. 13:3711 and LSA-R.S. 13:3713, which provide :

“3711. Copies of any books, records, papers or other documents of any of the executive and administrative departments, boards, and agencies of this state, and copies of any books, records, papers, or other documents of any of the political corporations, bodies politic, boards, departments and agencies of this state and the parishes and municipalities thereof, when certified as being true copies by the official, officer or employee in whose custody they may be, shall be admitted In evidence in all courts of this state, equally with the originals of such books, records, papers, or other documents.”

“3713. The official records and other documents, being enactments or regulations or decisions or rulings or proceedings or reports or other official acts, of the congress or any federal executive department or subdivision therein, or of any federal court or commission or board or agency or public institution, may be evidenced by the federal register or by a printed book or pamphlet or periodical purporting to be published by the U. S. Government Printing Office at Washington, D. C., by authority, which shall be received in all courts and proceedings of this state and by all officers of this state as prima facie evidence of the records, documents, enactments, regulations, decisions, rulings, proceedings, reports or other official acts of the departments, subdivisions, courts, commissions, boards, agencies or public institutions from which they purport to emanate, and the same may be read and referred to as such in any and all courts of this state.”

Without question, the original Inspection Certificate, issued under joint Federal and State authority, and bearing on its face the notation that it is “admissible as prima facie evidence in all courts of the United States and Louisiana” needed no further identification or authentication to be received in evidence. With regard to the Market News Service bulletins, it is our interpretation that although LSA-R.S. 13:3713 apparently limits printed Government publications, reports, etc., to be received mandatorily in evidence to such as are published by the Government Printing Office in Washington, D.

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Bluebook (online)
56 So. 2d 233, 220 La. 206, 220 La. 205, 1951 La. LEXIS 983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sinagra-v-illinois-cent-r-co-la-1951.