G. W. Faison & Son v. Alabama & Vicksburg Railway Co.
G. W. Faison & Son v. Alabama & Vicksburg Railway Co.
Opinion of the Court
delivered the opinion of the court.
As the defendant was the last of successive carriers, having independent lines of carriage, but carrying continuously in pursuance of through bills of lading, and the car containing all the boxes at Chattanooga, where according to the evidence they were last seen, afterwards came, to the possession of the defendant, it devolved on it to show that the missing box was not in the car when received by it. The evidence warrants the belief that all the cases or boxes were delivered, at Chattanooga, to the Alabama Great Southern Railroad Company, and put in a car, which is alluded to as having been “sealed,” and probably was, and this car was
The judgment should have been for the plaintiffs, and the judgment rendered will be
jReversed and cause remanded for a new trial.
Reference
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- 1. Carriers. Connecting lines. Loss of freight. Presumption. Where goods in cases are shipped over connecting lines of carriers, on a through bill of lading, and on reaching their destination a case is missing, in an action therefor against the last carrier, the burden of proof is on it to show that the loss did not occur on its line, and this although it is an independent carrier, having no partnership connection with the others. 2. Same. Burden of proof. Evidence. Case in judgment. This presumption is not overcome by proof that the car into which all the • cases were loaded by the preceding carrier came “under seals” of that carrier, and that it had no end windows, it appearing that on arrival at destination it was for the first time noted that one case had been somewhere recoopered, and it not being shown when, where or how the missing case was lost, or that such seals were sufficient to bar all access, and continued unbroken throughout the journey.