Louisville & Nashville Railroad v. Price

Citations

• 111 Miss. 3
• 71 So. 161

Syllabus

<p>Commerce. Interstate commerce. Application of state laws.</p> <p>Code 1906, section 4853, providing that if a common carrier receive freight from another carrier on a contract for continuous carriage, and it arrived at the place of delivery in a broken or damaged condition, it is the duty of the last carrier to obtain and furnish to the consignee on demand true copies of all notations, exceptions, records, and memoranda entered on the books of each carrier touching the receipt, transfer and handling of the freight,, and that if it shall not furnish such copies within thirty days after demand it shall be 'presumed to have caused the damage, is superseded in so far as interstate shipments are concerned by the Carmack Amendment (Act. Cong. June'29, 1906, chapter 3591, section 7, pars 11-12, 34 Stat. 595; U. S. Comp. St. 1913, sections 85-92); and in a suit against the delivering carrier for damage to an interstate shipment, thei delivering carrier should be permitted to show that from the time of the delivery of the freight to it until it had delivered it to the consignee, it had handled the freight carefully and in every respect without damage or injury and that it had delivered the freight in the same condition in which it had been received from the transfer company.</p>