Heyman v. Southern Ry. Co., 203 U.S. 270 (1906)

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Heyman v. Southern Railway Company


No. 32


Submitted October 17, 1906
Decided December 3, 1906
203 U.S. 270

ERROR TO THE SUPREME COURT
OF THE STATE OF GEORGIA

Syllabus

In the absence of Congressional legislation, goods moving in interstate commerce cease to be such commerce only after delivery and sale in the original package.

The word "arrival," as used in the Wilson Law, means delivery of the goods to the consignee, and not merely reaching their destination and expressions to that effect in Rhodes v. Iowa, 170 U.S. 412 are not obiter.

The power of the state over intoxicating liquors from other states in original packages after delivery and before sale given by the Wilson Law does not attach before notice and expiration of a reasonable time for the consignee to receive the goods from the carrier, and this rule is not affected by the fact that, under the state law, the carrier’s liability as such may have ceased and become that of a warehouseman.

118 Ga. 616 reversed.

The facts are stated in the opinion.