Coustaline v. Louisiana Ry. & Nav. Co.

By the WHOLE COURT.

ST. PAUL, J.

I think the writ should be denied.

The decision of the Court of Appeal in this case is not in conflict with the decision of this court in McHenry Horse Exchange v. Illinois Central R. R. Co., 148 La. 49, 86 South. 649.

Certainly the bill of lading is binding (within limits) between the carrier on one side, and the shipper (and consignee) on the other.

But that presupposes that the provisions thereof relied upon by either party must be lawful. For instance, the shipper cannot invoke a provision calling for a freight rate lower than that fixed by the published…