Bennett v. Charles Byram & Co.
Mississippi Supreme Court
Error to the Circuit Court of Monroe county. Hon. Joel M. Acker, judge. This was an action by Byram & Co. against Bennett, the master of the steamboat Eliza, No. 2, to recover damages from him as a common carrier between the ports of Mobile, Alabama, and Aberdeen, in. this State, for his failure to deliver, at the last named port, certain goods shippedjcy the plaintiff on the said steamboat, in June, 1855. The defence relied on was that the defendant was prevented from…
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Error to the Circuit Court of Monroe county. Hon. Joel M. Acker, judge. This was an action by Byram & Co. against Bennett, the master of the steamboat Eliza, No. 2, to recover damages from him as a common carrier between the ports of Mobile, Alabama, and Aberdeen, in. this State, for his failure to deliver, at the last named port, certain goods shippedjcy the plaintiff on the said steamboat, in June, 1855. The defence relied on was that the defendant was prevented from complying with his contract by low water. It was shown in evidence, that on the 4th day of June, 1855, the clerk of the…
1Opinion of the CourtHarris, J.
The defendants,in error brought their action in the Circuit Court against the plaintiff in error, to recover damages against him as a common carrier by steamboat, for the non-delivery of goods according to contract.
The defendant filed his answer, — a general denial of the statement of the cause of action in the complaint; upon which issue was joined, and jury and verdict for plaintiff.
It is assigned for error, that the jury found contrary to law and evidence.
That the court erred in giving the charges asked by plaintiff below, and in refusing charges asked by the defendant beloAV.
And lastly,…
2Cases cited1 opinion
- Parsons v. HardyNew York Supreme Court · 1835
3Cited by2 opinions
- Norris v. Savannah, Florida & Western Railway Co.Supreme Court of Florida · 1887
- Pindell v. HarrisMississippi Supreme Court · 1880