Threefoot v. New Orleans & Northeastern Railroad
Mississippi Supreme Court
Threefoot v. New Orleans & Northeastern Railroad, 89 Miss. 192 (Miss. 1906)
43 So. 303
Whitfield
Threefoot v. New Orleans & Northeastern Railroad
Opinion of the Court
delivered the opinion of the court.
The learned judge correctly decided the case below. We only deem it necessary to say that a highly penal statute, like sec. 4301 of the code of 1892 (sec. 4853 of the code of 1906), is not complied with by a note in the following language:
“S. Gray, Agent: Oar pecans shipped us from Moran,- Texas, arrived yesterday and short forty-four bags. The original car*197 was transferred at some point, and presume that this is what caused the shortage. Kindly trace shortage, and oblige,
“Threeeoot Bros. & Co.”
It would be going far beyond any allowable limit in the construction of statutes imposing penalties to hold that the words “kindly trace shortage” are in any proper sense the equivalent for a demand for the notations, exceptions, etc., referred to in the section.
Judgment affirmed.
Reference
- Full Case Name
- Henry M. Threefoot v. New Orleans & Northeastern Railroad Company
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Carbiers. ■ Railroads. Comieeting lines. Shortage in freight. Demand,. Code 1892, §4301. Code 190G, §4853. A letter from the consignee to the last of connecting carriers announcing a shortage in a shipment and asking that it be traced is not such a demand as will make the last carrier liable under Code 1892, §4301 (Code 1006, §4853), providing that if a carrier receive freight from another carrier for further transportation and delivery, and on arrival at place of delivery there is a shortage therein, it is the duty of the last carrier to obtain and furnish the consignee, “on demand,” true copies of all notations, exceptions, records, and memoranda entered on the books of each carrier touching the receipt, transfer, and handling of the freight while in transit, and, failing to furnish the same within thirty days after demand, it shall be presumed to have caused such loss.