International & Great Northern Railway Co. v. Diamond Roller Mills

Citations

• 82 S.W. 660
• 36 Tex. Civ. App. 590
• 1904 Tex. App. LEXIS 295

Syllabus

<p>1. —Last Carrier—Presumption as to Damage—Burden of Proofi</p> <p>The burden of proof is upon the shipper to establish the condition of goods when delivered to the initial carrier, in order that the presumption of injury in the hands of the last carrier should attach upon proof of delivery-in damaged condition.</p> <p>2. —Same—Connecting Lines—Evidence—Bill of Lading.</p> <p>A bill of lading issued by the initial carrier, though evidence of a contract as against a connecting line receiving and transporting the goods under it, is not as a mere receipt for the goods, evidence as against the terminal carrier, not a party to its execution, of their good condition when delivered to the initial carrier.</p> <p>3. —Carrier—Condition of Goods'—Evidence—Inspector’s Certificate.</p> <p>The certificate of an inspector under the laws of Missouri as to the condition when delivered to the initial carrier, is not evidence as against the terminal carrier in Texas, at least in the absence of proof as to the effect given to such certificate by the laws of Missouri.</p> <p>4. —Hearsay.</p> <p>Evidence of witness shown by cross-examination not to be derived from his personal knowledge, should be excluded.</p>