Batesville Southwestern R. v. Mims

Citations

• 111 Miss. 574
• 71 So. 827

Syllabus

<p>1. Pleading. Demurrer. Effect. Commerce. Intrastate commerce.</p> <p>A demurrer to a declaration admits its allegations to be true.</p> <p>2. Commerce. Intrastate commerce. Interstate commerce.</p> <p>Where logs were delivered to defendant, a carrier under a verba? contract of shipment from one point in the state to another point in this state, without the intention on the part of either to ship them out of the state and the title to the logs remaining in the shipper until they reached their point of destination in this state, where they became the property of the consignee and where reshipped by the planitiff as the agent of the consignee by another railroad to a point without the state. In such case the shipment between the two points in this ■ state was an intrastate shipment although the freight charges were paid by the consignee at final destination and so the rates fixed hy the state railroad commission under Code 1906, section 1839-4840, were applicable to such shipment.</p>