Spann v. Alabama & V. R.

Citations

• 113 Miss. 239
• 74 So. 141

Syllabus

<p>Carriers. Damage to freight. Burden of proof. Cause of injury.</p> <p>Where a piano was shipped under a bill of lading which exempted the carrier from liability for damage only if it was caused by the act of God, the public enemy, quarantine the authority of law, or act or default of the shipper and it was shown to be in good condition when delivered to the carrier, and injured when delivered by the carrier at its destination. In such case the carrier is liable unless it shows that the injury did not occur while in its possession or that it occurred from one of the excepted causes and it was erroneous to instruct the jury to find for the defendant if they could not say from the evidence what was the cause of the injury, the burden of proof being upon the carrier.</p>