Lehman, Stern & Co. v. Morgan's Louisiana & Texas R. & S. S. Co.

Citations

• 115 La. 2
• 38 So. 873
• 1905 La. LEXIS 599

Syllabus

<p>CARRIERS — LOSS BY FIRE — LIABILITIES—DEFENSES — BURDEN OF PROOF.</p> <p>1. While common carriers are not considered, under the provision of the Civil Code of Louisiana, as insurers against loss or damage by fire, they are liable, “unless they can prove that such loss or damage has been occasioned by accidental and uncontrollable events.” Rev. Civ. Code 1870, art. 2754.</p> <p>2. Where cotton on a railroad platform, in course of delivery, was damaged by fire, the cause of which is not shown or explained, proof of the usual and ordinary diligence in such cases to safeguard the cotton will not avail the carrier as a defense. Besides proof of loss and diligence, the law requires the carrier to prove that the fire was purely -accidental, and impossible to prevent. This necessarily involves proof of the cause or origin of the fire, and in the absence of such proof the loss will be imputed to the fault of the carrier.</p> <p>Breaux, J., dissenting.</p> <p>(Syllabus by the Court.)</p>