Alabama & Vicksburg Railway Co. v. Cassell Drug Co.

Citations

• 102 Miss. 843
• 59 So. 932

Syllabus

<p>1. Cabeieks. Freight. Bill of lading. Damages. Burden of proof. Condition on delivery.</p> <p>A shipper in a suit for damages to freight in transit, against the delivering carrier, is not relieved from showing that the freight was in good condition when delivered to the initial carrier, hy reason of the fact that the hill of lading issued to the shipper by such carrier described the property as being “in apparent good order, except as noted (contents and condition of package unknown), marked, consigned and destined as indicated below,” etc.</p> <p>2. Same.</p> <p>This recital in the bill of lading simply means that the packages in which the shipment was boxed were in apparent good order, with reference to the external appearance a,nd excludes any inference that the carrier admitted anything as to the condition of the contents thereof.</p> <p>3. Same.</p> <p>Since no presumption of negligence on the part of a carrier arises by reason of the fact of delivery by it of goods to a. consignee in a damaged condition, the burden of proof is on the shipper to show that the goods were delivered to the delivering carrier or the initial carrier in good order.</p>