Illinois Central R. R. v. Smith

Citations

• 119 Miss. 308
• 80 So. 776

Syllabus

<p>Cakriers. Live stock. Bill of lading. Construction. Loss. Damage.</p> <p>Where a hill of lading for an interstate shipment of cattle provided that it is agreed by the shipper that no claim for loss or damage shall be valid unless it shall he made in writing within ten days, and because of the carriers’ failure to properly tag the car, the cattle were unloaded in a quarantine division pen and a lesser price was obtained, recovery may he had, though the notice provided for was not given, there being in such case neither “loss” nor “damage,” since the bill of lading will be construed to mean that the “loss” referred to is a loss of the thing shipped, and the word “damage” means some physical impairment of the article shipped.</p>