In case the carrier shall fail or refuse to weigh said coal at its destination or at the nearest track scales to the point of destination between said point and the point of shipment, the consignee may weigh said coal, and his weights shall be prima facie evidence of the amount of coal received, and the carrier shall be liable in damages as set out in this article, for any shortage between the actual quantity received at the point of destination and the amount named in the bill of lading: Provided, that if the consignee shall have the coal weighed at the point of destination, on other than track scales, an allowance of ten (10) pounds per ton shall be deducted from the weight.
R.L. 1910, § 851.
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