Southern Express Co. v. Seide

Citations

• 67 Miss. 609

Syllabus

<p>1. Cabriebs. Limiting liability. Negligence.</p> <p>A stipulation in a receipt given by an express company, that if the value of the goods shipped is not stated by the shipper and specified in the receipt, the holder will not demand more than $50 for loss or damage, exempts the carrier from greater liability only when the loss did not result from negligence on its part. This is true, although a greater charge is made for carrying packages over $50 in value, and the shipper fails to state the value and pays the minimum charge.</p> <p>2. Same. Burden of proof.</p> <p>In an action for goods lost where such a receipt has been given, the burden of proof is on the carrier to show that the loss occurred without fault on its part.</p>