Fast v. Canton, Aberdeen & Nashville Railroad
Mississippi Supreme Court
From tbe circuit court of Monroe county. irlos. EugicN's 0. Sykes, Judge. Fast, tbe appellant, was tbe plaintiff in tbe court below; tbe railroad company, tbe appellee, was defendant there. The facts are sufficiently stated in tbe opinion of tbe court. Tbe court erred in granting tbe peremptory charge.
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From tbe circuit court of Monroe county. irlos. EugicN's 0. Sykes, Judge. Fast, tbe appellant, was tbe plaintiff in tbe court below; tbe railroad company, tbe appellee, was defendant there. The facts are sufficiently stated in tbe opinion of tbe court. Tbe court erred in granting tbe peremptory charge. Even conceding that tbe evidence showed, that tbe appellant was neither tbe consignee nor tbe consignor of tbe live stock, yet tbe charge should have been denied, because tbe suit is in tort and not ex' contractu. Walters v. Mobile, etc., B. B. Go., 74 Miss., 539; 1 Rapalje & Mack’s Digest…
1Opinion of the Court
'Whitfield, J.,
delivered the opinion of the court.
It was error to grant tire peremptory instruction. The fact that the consignor and consignee named in the bill of lading was the Western Sale & Feed Stable Co. was not conclusive as to ownership; that is explained by the testimony of appellant, lie testifies positively that the live stock belonged to him, and the bill of lading ivas written up as it was to secure the Western Sale &• Feed Stable Go. for a small balance on some of the stock bought from them, but that he had full authority to sell the live stock. This is not an action on the…
2Cases cited2 opinions
- Kansas City, Memphis & Birmingham Railroad v. CantrellMississippi Supreme Court · 1892
- Nevitt v. Bank of Port GibsonMississippi Supreme Court · 1846