Alabama & Vicksburg Railway Co. v. Searles

Citations

• 71 Miss. 744

Syllabus

<p>1. Railroads. Transportation of freight. Safety of cais.</p> <p>In the absence of a contract limiting its liability, a railroad company is an insurer of the safety of cars supplied by it for the through transportation of goods over its own and connecting lines, and is liable for any injury to the goods therein, resulting from the unsuitable condition of ■ such cars, even after delivery to a connecting carrier, if their condition does not become unsuitable after such delivery.</p> <p>2. Same. Pleading. Ambiguity in declaration. Variance. Trial. Estoppel.</p> <p>Although, in an action against the initial carrier for damages to a car-load of grain, by being wet, the declaration avers that the injury occurred while on defendant’s line, if it be also averred that, through neglect of its promise and liability as a common carrier, it delivered the grain in a damaged condition, and it appears, from admissions of counsel as to the evidence, and the course of the trial throughout, .that the sole determining inquiry was, whether the cars supplied by defendant were suitable, it is proper to refuse an instruction that plaintiff could not recover unless the injury occurred on defendant’s line.</p> <p>3. Same. Instruction. Weight of evidence.</p> <p>Although there is evidence that defendant’s car-inspectors invariably did their duty and rejected cars unfit for use, it is proper to refuse, as being on the weight of evidence, an instruction for defendant that such testimony is competent to prove that the cars were safe.</p> <p>4. Instruction. Weight of evidence. Pest proof attainable.</p> <p>The fact that a party produces the best evidence he has, or could be expected to have, does not exempt him from the rule which requires evidence sufficient to satisfy the jury. Hence, an instruction in such case that the jury should find for the defendant, if satisfied by evidence, such as could reasonably be expected to be produced by the defendant that the oars were safe, is properly modifi