Jordan v. Mississippi Cent. R. R.

Citations

• 107 Miss. 323
• 65 So. 276

Syllabus

<p>1. Carriers. Carriage of goods. Connecting carriers. Injury to goods. Actions. Evidence. Code 1906, section 4853. Laws 1908, chapter 196. Best and secondary evidence. Notices. Loss of primary evidence. Clerics of courts. Compensation. Forfeiture of fees.</p> <p>Where goods shipped over connecting lines are delivered to the consignee in a damaged condition, and it is proven that they started on their journey in good condition, the carrier thus delivering them to the consignee will be liable for the damages, unless it shows that the injury did not occur through its fault.</p> <p>2. Connecting Carriers. Actions. Evidence.</p> <p>Where goods shipped over connecting lines were shown to have been delivered to the consignee in a damaged condition, .it was error to exclude evidence that they were in good condition when delivered to the initial carrier, on the theory that delivery to the carrier was thereby assumed “without proof having been'made,” such delivery having been shown by the bill of lading.</p> <p>3. Carriage of Goods. Connecting carriers. Injury to goods.</p> <p>The rule that a connecting carrier, delivering goods in a damaged: condition which it received from the initial carrier in good condition is liable tberefor, unless it shows that the injury was not its fault, is not in conflict with Code 1906, section 4853, providing that if such a carrier fails to furnish certain records it shall be presumed to have caused the damage, since the statute merely makes a conclusive presumption under such circumstances, instead of a prima facie one.</p> <p>4. Evidence. Best and secondary evidence. Notice to produce.</p> <p>Under Laws 1908, chapter 196, providing for the recovery of a penalty if the carrier failed to settle a claim after sixty days written notice, such written notice is the best evidence and evidence of its contents in the absence of proof of its loss or failure to produce after notice, is not admissible.</p> <p>5. Evidence. Best and secondary evidence. Lo