77-9-35 - Liability of the last of several carriers.
§ 77-9-35. Liability of the last of several carriers.
If a common carrier receive freight for further transportation and delivery within this state from another carrier, on any contract, express or implied, for continuous carriage, and it arrive at the place of delivery in a broken or damaged condition, or some parts thereof be lost or destroyed, it is the duty of the last carrier to obtain and furnish to the consigneee or other person interested, on demand, true copies of all notations, exceptions, records, and memoranda entered on the books of each carrier touching the receipt, transfers, and handling of the freight while in transit. If such last carrier shall not so furnish the same within thirty (30) days after demand, it shall be presumed to have caused such damage, loss, or destruction. In case of damage, loss, or destruction of perishable goods, by reason of their nature, and of damage not discoverable by outward inspection, proof thereof shall be admissible.
Sources: Codes, 1892, § 4301; 1906, § 4853; Hemingway's 1917, § 7638; 1930, § 7107; 1942, § 7882.