PANAMA RAILROAD COMPANY V. OGILVIE. 15

REVERSAL ON TECHNICAL GROUNDS. In accordance with section 540 of the Code of Civil Procedure, no judgment
shall be reversed on formal technical grounds or for such error as has not
prej udiced the real rights of. the excepting party.
Appeal from the Circuit Court, Third Judicial Circuit; Hon. Thomas E. Brown, Jr., judge.
The facts appear in the opinion.
W. H. Carrington, for appellant. William K. Jackson, for appellee.
JACKSON, J. On June 7, 1910, the Panama Railroad Company instituted an action in the Second Judicial Circuit seeking to recover from David W. Ogilvie, the sum of $151.90 on account of. freight charges alleged to be due the plaintiff from the defendant for a certain shipment of goods from Baltimore, Md., to Colon.
The shipment in question was made some time during June, 1907, by the Bagby Furniture Company of Baltimore, through Pitt & Scott,' forwarding 'agents, of New York City.
Pitt & Scott, as forwarding agents, issued their own bill of lading to the Bagby Furniture Company, which was endorsed as follows, viz: "Deliver to David W. Ogilvie upon presentation of B/L. Bagby Furniture Company."
The Panama Railroad Company in turn, issued to Pitt & Scott its bill of lading for the goods in question in which W. Andrews & Company, of Colon, were named as consignees: "Order notify D. W. Ogilvie." In other words, D. W. Ogilvie, was, by the Panama Railroad bill of lading, made what is known as the "ulti*mate consignee."
This bill of lading showed, on its face, the articles shipped and the weight thereof; and, in addition to the articles consigned to Ogilvie as the ultimate consignee, it evidenced the shipment of two other small articles intended for W. Andrews & Company as agents for some one other than Ogilvie.
The bill of lading issued by Pitt & Scott to the Bagby Furniture Company and sent by that company to Ogilvie bears the notice, "Freight payable at destination."
After the arrival of the goods at Colon, the agent of the defendant, Ogilvie, presented to the Panama Railroad official the Pitt & Scott bill of lading and demanded the goods. Delivery was refused without the presentation of the bill of lading of the Panama

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