Alabama & Vicksburg Railway Co. v. Hayne & Co.
Mississippi Supreme Court
From the circuit court of Hinds county. Hon. Robert Powell, Judge. Hayne & Co., appellees, were plaintiffs in the court below. The railway companj’-, appellant, was defendant there. Playne & Co. bought cotton of one Ellis, at Steen’s creek.
Read the full summary
From the circuit court of Hinds county. Hon. Robert Powell, Judge. Hayne & Co., appellees, were plaintiffs in the court below. The railway companj’-, appellant, was defendant there. Playne & Co. bought cotton of one Ellis, at Steen’s creek. The cotton was delivered to the railway company at Pearson, a station five or six miles east of Jackson, on the thirteenth, fourteenth and fifteenth of September, 1897, but none of it was delivered in Jackson till November 8, 1897. By reason of a decline in the price of cotton, Hayne & Co. allege that they lost more than two hundred dollars, for which they…
1Opinion of the CourtWhitfield, J.
It was error to give the second instruction for the appellee, for the reason that there was no evidence making it applicable to the case made by the testimony. Counsel for appellee say that the agent Buckley’s testimony made it proper. Buckley [station agent at Pearson] did say he “had a message from W. W. Bond [superintendent of railway company] telling us not to receive”—but before he finished the sentence he was stopped by objection to the testimony, and the objection was sustained and' this fragmentary statement excluded. It was not, therefore, before the jury. The telegram from Todd…
2Cited by1 opinion
- Yazoo M.V.R. Co. v. UsseryMississippi Supreme Court · 1930