Illinois Central R. v. Walker

Citations

• 116 Miss. 431
• 77 So. 191

Syllabus

<p>1. Caeeiebs. Live stocfo. Loss in transit. Burden of proof.</p> <p>Where a shipper of live stock sued a connecting carrier for damages arising from delay in an interstate shipment of stock, and charged in his declaration that his contract for shipment was made with the defendant carrier through the initial carrier, and the defendant carrier filed the general issue and non assumpsit, in such case the burden of proof was upon the shipper to show that the contract was made as alleged in his declaration.</p> <p>2. Carrie- . Live stoelc loss. Liability. Connecting carrier.</p> <p>Damages to live stock in an interstate shipment, cannot be recovered against a connecting carrier where the proof conclusively shows that the damage was done by the initial carrier.</p> <p>3. Evidence. Judicial notice. Railroad ownership.</p> <p>Courts cannot take judicial notice of the ownership of railroads because such ownership has been proven in another and different case.</p> <p>4. Carriers. Live stock. Loss in .transit. Burden of proof. Code 1906, sec. 1974.</p> <p>Code 1906 section 1974, providing that proof of signature of written instruments shall be unnecessary unless denied under oath is inapplicable where an interstate live stock shipper alleged in his declaration the execution of a contract with the defendant, a connecting carrier, which failed to deny such allegation, and this section did not remove the burden of proof of the execution of such contract from the shipper where the bill of lading on its face was made alone by the initial carrier.</p> <p>5. Appeal and Error. Harmless error.</p> <p>Error in rendering judgment against a connecting carrier for damages to live stock by the initial carrier without proof of identity of the two carriers is substantial error and not merely technical.</p>