Crawford v. Southern Railroad Ass'n

Citations

• 51 Miss. 222

Syllabus

<p>1. Railroads : Transportation of goods. Common carriers.</p> <p>Common carriers may contract to carry and deliver goods at a point beyond their own lines, and in such case the first carrier will be responsible for the loss, wherever it may occur. The contract may be ascertained and determined by facts and circumstances, in the absence of an express agreement, but a railroad company is not responsible for the nondelivery of freight beyond its own line, except by contract, express Íor implied. The receipt for goods to be forwarded to a place beyond the terminus of the line of the first carrier, is not evidence of a contract to carry and deliver at the place of destination.</p> <p>2. Same: Contract. Undertaking.</p> <p>Mere marks or direction to a destination beyond the terminus of the first carrier’s line, will not make such first carrier liable for the loss of the goods beyond such terminus, but the question in every such case is, What is the contract or undertaking?</p> <p>3. Same — Same : Receipt for goods.</p> <p>A receipt for goods “ to be forwarded ” to Birmingham, Ala., does not imply a contract to carry and deliver the goods at the place of destination, when it is shown that Birmingham, Ala., is beyond the terminus of the line of the railroad executing the receipt.</p>