Howell v. Seaboard Air Line Railway Co.

Claek, O. J.

The motion for nonsuit was met by this charge of the court which, as it relates to the controversy in this case, was as follows: “I instruct you, gentlemen of the jury, that the delivery of the bill of lading is not necessary to make the carrier liable for goods sent to it for shipment. The delivery of goods to a common carrier raises the presumption that it received them as a common carrier, and the burden is upon the company to show that it received them only as a warehouseman and that the shipper either assented to that arrangement as, for instance, by request to hold the goods…