New Orleans, St. Louis, & Chicago Railroad v. M. Faler & Co.

Citations

• 58 Miss. 911

Syllabus

<p>1. Railroad Company. Liability for cotton burned on flat-cars. Contract of immunity.</p> <p>■ P. & Co. delivered to the New Orleans, St. Louis, and Chicago Railroad Company a certain number of cotton-bales, to be transported between certain points on the line of that company’s road. The. cotton was put on flat, open car3, against the remonstrance of the consignors, and while in transitu was consumed by fire. Thereupon P. & Co. brought an action to recover damages for the loss sustained by them. The train which was carrying the cotton was made up of both box and flat cars, and' although both classes of cars contained cotton, none was burned except that on the flat-cars. The evidence did not show how the cotton was ignited. There was written across the face of the bill of lading these words: “Not responsible for loss or damage by fire or water.” Held, that, cotton being very inflammable, and, when ignited, difficult to extinguish, it was the duty of the railroad company to have stored P. & Co.’s cotton in box-cars, or in the safest cars in use for the transportation of such goods, and the failure to provide the same was negligence, and renders the company liable for the loss of the cotton, notwithstanding its special contract for exemption from loss by fire.</p> <p>2. Same. Gammon carrier. Contract against fire. Effect.</p> <p>A railroad company may stipulate with the consignor of goods against liability for loss by fire; but still the company is bound to the performance of all the duties incident to its employment, — as, the exercise of fidelity, skill, and care, —and is required to use the safest approved motive-power, with the best appliances in use to arrest the escape of sparks of fire, and cars so constructed as to afford the greatest protection to the goods received for transportation.</p> <p>3. Same. Loss of freight. Contract for immunity. Liability of carrier.</p> <p>Wherever a loss of goods being transported by a railroad company results from a cause agai