Yazoo & M. V. R. R. v. Bell

Citations

• 111 Miss. 82
• 71 So. 272

Syllabus

<p>1. Carriers. Carriage of live stock. Actions. Burden of proof.</p> <p>Where cattle were in good condition when delivered to a carrier for shipment and when the car in which they were loaded arrived at its destination, some were missing, one was dead and others injured, it devolved upon the carrier to acquit itself of liability by showing that this did not occur by reason of its negligence.</p> <p>2. Carriers. Carriage of live stock.</p> <p>Where a bill of lading fixing an agreed valuation for shipment of live stock showed that the rate was reduced in consideration of the lessened liability, but did not show that the reduction of the rate was a consideration for the agreement to give notice of injuries in writing within ten days after delivery of the shipment or that such provision would have been omitted from the bill of lading containing no limitation of-liability, the provisions for notice is unenforceable, being without consideration.</p>