Yazoo & M. V. R. Co. v. Blum

Citations

• 124 Miss. 318
• 86 So. 805

Syllabus

<p>1. Carriers. Provision in bill of lading that carrier shall have benefit of insurance on lost or damaged property held valid.</p> <p>A provision in a bill of lading that the carrier liable on account of loss of or damage to property shall have the full benefit of any insurance that may have been effected upon, on or account .of said property is valid, in the absence of fraud, or of any contract to the contrary with the insurer, and entitles the carrier to a deduction for insurance paid the shipper.</p> <p>2. Pleading. When it appears on trial that shipper has collected insurance on goods lost, carrier may plead provision in bill of lading entitling it to benefit thereof.</p> <p>In a suit against a carrier for the value of goods lost in transit, when the fact that the shipper had collected insurance for the loss of the goods is disclosed for the first time on the cross-examination of the last witness who testified in the case, the carrier should he permitted to then plead the provision of the hill of lading that, in the event of the loss of the goods, the carrier shall have the benefit of any insurance effected on the goods.</p>