Yazoo & Mississippi Valley Railroad v. Bent

Citations

• 94 Miss. 681
• 47 So. 805

Syllabus

<p>1. Carriers. Contracts. Freights. Regulations.</p> <p>Contracts for the carriage of freights by common carriers are subject to regulations under the law, and when a lawful regulation has been imposed the carrier cannot evade it by any printed form of contract required to be signed by the shippe:</p> <p>2. Same. Same. Construction.</p> <p>Stipulations in contracts for carriage, inserted entirely for the benefit of the carrier, will be strictly construed.</p> <p>3. Same. Same. Constitutional law. Due process of law. Constitution 1890, sec. 14. Amendment XIV, constitution of ¶. S. Code 1892, § 4299. Code 1906, § 4851. Interstate commerce.</p> <p>Code 1892, § 4851, Code 1906, § 4851, providing that every bill of lading acknowledging the receipt of property for transportation shall 'be conclusive evidence in the hands of a bona fide holder, as against the carrier, that the property had been so received: —</p> <p>(а) Makes certain acts voluntarily done by a carrier conclusive, creates a substantive rule of law, and is not invalid as depriving; the carrier of property without due process of law; and</p> <p>(б) It is not invalid as a regulation of interstate commerce when applied to interstate shipments; and</p> <p>(e) A bill of lading issued by a common carrier describing a shipment of cotton linters as containing a designated number of' pounds is conclusive on the carrier as to the weight, in the hands of a bona fide holder, although the same contain, printed above the column for the insertion of weights, the words, “Weights subject to correction.”</p>