Pierce Butler

“ The point is without merit. That section provides:
'Where a carrier delivers goods to one who is not lawfully entitled to the possession of them, the carrier shall be liable to any one having a right of property or possession in the goods. * * *'
The rule of liability so declared is not inconsistent with the second proviso in section 20, which relates merely to the enforcement of liability. The provisions of both acts are to be read together, and applied in harmony with the bill of lading. ”

“ More than nineteen months elapsed before respondent made any claims. There is nothing in the statutory provisions relied on by respondent to excuse its failure to make claim within the time specified in the shipping contract. ”

“ It said that 'in transit' means at any time after the property has been received by the initial carrier and before delivery in accordance with the contract of carriage.
But that view cannot be sustained. The loss was due solely to misdelivery; that is 'a failure to make delivery' in accordance with the bill of lading. Georgia, Fla. & Ala. Ry. v. Blish Co., 241 U.S. 190, 195, 36 S.C.t. 541, 60 L. Ed. 948. As construed by this court, the second proviso embraces three classes: (1) Loss, damage, or injury due to delay; (2) damage while being loaded or unloaded; (3) damage in transit. ”