Southern Railway Co. v. North State Cotton Co.
Mississippi Supreme Court
Southern Railway Co. v. North State Cotton Co., 107 Miss. 71 (Miss. 1914)
64 So. 965
Cook
Southern Railway Co. v. North State Cotton Co.
Opinion of the Court
delivered the opinion of the court.
The facts of this case are, in all essential particulars, identical with the facts in St. Louis & S. F. R. Co. v. Woodruff Mills, 62 So. 171. This case, as well as the case cited, is controlled' by the Carmack amendment to the Interstate Commerce Act, and the decisions of the Supreme Court of the United States construing same. Section 4851, Code 1906, does not apply to interstate shipments, and the trial court erred in holding the contrary.
It follows that the judgment of the circuit court will be reversed, and judgment will be entered here for appellant, defendant below.
Reversed.
Reference
- Full Case Name
- Southern Railway Company v. North State Cotton Company
- Status
- Published
- Syllabus
- Carkieks. Bills of lading. Interstate commerce. Code 1906, section 4851. Since the adoption by Congress of the Carmack amendment the Interstate Commerce Act of February 4, 1887 (Act June 20, 1906, chapter 3591, section 7, 34 Stat. 393, U. S. Comp. St. Supp. 1911, page 1307), covering the subject of bills of lading for interstate shipments, section 4851 of Code 1906, making bills of lading conclusive in the hands of Iona fide holders for value, against the person or corporation issuing them, that the property described therein was received by the carrier, has no application to interstate shipments of freight.