PERISHABLE GOODS. Goods which are lessened in value and become worse by being kept.
Losses due to the natural decay, deteriora tion, and waste of perishable goods in the hands of a carrier are excusable. Reference must always be had, however, to the nature and inherent qualities of the articles in ques tion, their unavoidable exposure at the time and place, and under the general circum stances, while in the charge of a carrier of ordinary prudence, and their condition when entrusted to him; Schoul. Bail. 397; Ameri can Exp. Co. v. Smith, 33 Ohio St. 511, 31 Am. Rep. 567.
In admiralty practice, property in its na ture perishable, or liable to deterioration, injury, or decay, may be sold pending suit and the proceeds brought into court to abide the event of the suit ; Jones v. Springer, 226 U. S. 148, 33 Sup. Ct. 64, 57 L. Ed. 161; or the court may order it appraised and deliver it to the claimant, upon his paying into court such sum of money, or giving such bond as the court may direct; Bened. Adm. § 444; The Alligator, 1 Gall. 148, Fed. Cas. No. 248; The Struggle, 1 Gall. 476, Fed. Cas. No. 13,550.
There is a similar practice in equity and in most of the states such property when taken in execution or under attachment, on petition may be ordered sold, pending suit ; in which case the proceeds of sale are held in place of the property. See COMMON CAR
RIERS.
In order to authorize the court to order property levied upon under a warrant of attachment, to be sold as being perishable, it must appear that such property is inher ently liable to deterioration and decay and it is not sufficient to show that it will depre ciate in value because of changes in fashion; Fisk v. Spring, 25 Hun (N. Y.) 367. Fatten ed cattle are perishable property; McCall v. Peachy's Adm'r, 3 Munf. (Va.) 288; also potatoes; Williams v. Cole, 16 Me. 208 ; skins and furs ; Astor v. Ins. Co., 7 Cow. (N. Y.) 202; kid gloves; Fisk v. Spring, 25 Hun (N. Y.) 367; but not merchantable corn; Illinois Cent. R. Co. v. McClellan, 54 Ill. 67, 5 Am. Rep. 83.
A vessel chartered mainly for the trans portation of bananas from Port Limon to New York, with knowledge by her owners of a practice to cut and prepare the bananas in expectation of her arrival on a certain date to load, was held liable for damage from deterioration of the fruit by delay in reaching Port Limon through unseaworthi ness; The Georg Dumois, 88 Fed. 537.
The doctrine to real estate in liti gation and liable to deteriorate; Middleton v. R. Co., 26 N. J. Eq. 269.
See BONA PERITITRA.