Southern Ry. Co. v. Mooresville Cotton Mills

Citations

• 187 F. 72
• 1911 U.S. App. LEXIS 4484

Syllabus

<p>1. Witnesses (§ 37*)' — Competency—Knowledge op Facts.</p> <p>The correctness of the weights of cars of merchandise, as shown by the records of a railroad company, which was the initial carrier, cannot be proved by the testimony of a witness who did not weigh the ears nor see them weighed nor make the entries of the weights.</p> <p>[Ed. Note.- — For other cases, see Witnesses, Cent. Dig. §§ 80-87; Dec. Dig. § 37.*]</p> <p>2. Carriers (§ 131*) — Action Against por Loss op Goods — Defenses—Pleading.</p> <p>In an action against a railroad company to recover damages for loss and injury to property in shipment, based on its common-law liability as a common carrier, it cannot defend on the ground that plaintiff failed to give notice of the loss within a reasonable time unless such defense is specifically pleaded.</p> <p>TEd. Note. — For other cases, see Carriers, Cent. Dig. §§ 569-577; Dec. Dig. § 131.*]</p> <p>3. Carriers (§ 125%*) — Action Against Carrier for Loss of Goods — Defenses — Notice of Claim.</p> <p>Where the contract between a shipper and carrier contains no stipulation as to the time within which a claim for loss or damage to the shipment must be made, or where such stipulation, if made, is void, the shipper is not required to give notice of his claim, but may sue thereon at any time within that fixed by the statute of limitations of the state.</p> <p>[Ed. Note. — For other cases, see Carriers, Cent. Dig. § 544; Dee. Dig. § 125%.*]</p>