G. W. Faison & Son v. Alabama & Vicksburg Railway Co.

Citations

• 69 Miss. 569

Syllabus

<p>1. Carriers. Connecting lines. Loss of freight. Presumption.</p> <p>Where goods in cases are shipped over connecting lines of carriers, on a through bill of lading, and on reaching their destination a case is missing, in an action therefor against the last carrier, the burden of proof is on it to show that the loss did not occur on its line, and this although it is an independent carrier, having no partnership connection with the others.</p> <p>2. Same. Burden of proof. Evidence. Case in judgment.</p> <p>This presumption is not overcome by proof that the car into which all the • cases were loaded by the preceding carrier came “under seals” of that carrier, and that it had no end windows, it appearing that on arrival at destination it was for the first time noted that one case had been somewhere recoopered, and it not being shown when, where or how the missing case was lost, or that such seals were sufficient to bar all access, and continued unbroken throughout the journey.</p>