Perishable Goods

Goods which are lessened in value and become worse by being kept. Losses due to the natural decay, deterioration, 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 question, their unavoidable exposure at the time and place, and under the general circuihstances, while in the charge of a carrier of ordinary prudence, and their condition when entrusted to him; Schoul.

Bail. 397; American Exp. Co. v. Smith, 33 Ohio St. 511, 31 Am. Rep. 567.

— In admiralty practice, property in its. nature 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. 24S; 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 in place of the property. See Common CAB-