Tate & Co. v. Yazoo & Mississippi Valley Railroad

Citations

• 78 Miss. 842

Syllabus

<p>1. Railroads. Contract of carriage. Essentials thereof. Bill of lading.</p> <p>While the issuance of a hill of lading is not essential to a contract of carriage, the doing of the several acts, which entitle the shipper to one are necessary to make a common carrier responsible for the safety of the goods.</p> <p>2. Same. Delivery.</p> <p>The mere loading of cotton by a shipper on a car set out for such use at a siding where the railroad company has no station-house or agent, is not such a delivery, either actual or constructive, as will impose liability on the company for the loss of the cotton by fire at the siding', several hours before the time for the arrival of the train, which in the regular course of business would have transported it to destination.</p> <p>3. Same. Knowledge of shipment. Acceptance of goods.</p> <p>■ Without knowledge of the shipment there can be no binding acceptance by a carrier of goods for carriage, and where the custom of a shipper was to load cotton on empty cars, set out for such use at a siding, where the railroad company had no station-house or agent, and to flag the company’s local freight train and procure the conductor's signature to his loading account, the mere loading of cotton on one of such ears, in the absence and without the knowledge of any representative of the company, does not subject it to liability when the cotton is destroyed by fire several hours before the time for the arrival of such train.</p>