Louis Brandeis

“ The liabilities consequent upon the character of the custody and control exercised by carrier or consignee arise from and are dependent upon the state statutes conferring the right of garnishment, and as such are unaffected by the provisions of the bill of lading. Thus the question whether, under the circumstances, the apples remaining in the car were subject to garnishment, is not one of uniform carrier liability, but, primarily, of procedure, and as such governed by varying views of local policy, legislation and practice. ”

“ And, although no objection may exist upon any of these grounds, the garnishee may be held immune from liability, because the highest court of the state had declared that to allow garnishment, under the circumstances, would be against public policy, as where a carrier having possession, custody, and control of property is held not chargeable by garnishment because the goods were in process of transportation. ”

“ It is not sought to enforce a liability arising under a federal law. As the order bill of lading had been surrendered, the Uniform Bill of Lading Act presented no obstacle to garnishment. Act of August 29, 1916, c. 415, § 23, 39 Stat. 538, 543 (Comp. St. § 8604l) . But that act obviously confers no right to garnishment. Nor is there anything in the bill of lading which conceivably could be construed as either conferring or denying the right of garnishment. The plaintiff does not seek to enforce, as a derivative right, a claim of the consignee against the carrier under the bill of lading. ”