L., N. O. & T. Ry. Co. v. Bigger
Mississippi Supreme Court
Appeal from the circuit court of Washington county. Hon. J. H. Wynn, Judge, The appellee, B. F. Bigger, shipped from Memphis, Tennessee, over the appellant’s railroad a lot of mules to be delivered at Greenville, Mississippi. This suit was brought by him to recover damages for the injury to one of the mules by having its hoof torn off, by reason of which it was rendered valueless.
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Appeal from the circuit court of Washington county. Hon. J. H. Wynn, Judge, The appellee, B. F. Bigger, shipped from Memphis, Tennessee, over the appellant’s railroad a lot of mules to be delivered at Greenville, Mississippi. This suit was brought by him to recover damages for the injury to one of the mules by having its hoof torn off, by reason of which it was rendered valueless. The proof shows that the mules, two carloads in number, were loaded into two ordinary stock cars at Memphis. The cars were shown to be in a good condition and were such as are in common use by railroads for…
1Opinion of the CourtArnold, C. J.
There is dispute as to whether the special contract was fairly made, and understood by appellee, and we dispose of the case as if there were no special contract. The tenth instruction asked by appellant should have been given. Leaving the special contract out of view, appellant was not liable on the facts proved. The burden of proof was on it to acquit itself of liability, and this was done. Chicago, etc., R. R. Co. v. Abels, 60 Miss. 1017.
It is not shown how the hoof of the mule was torn off, or whether it was done on the train, or after it left the train ; but it does appear, that the car…
2Cases cited4 opinions
- East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
- Evans v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Chicago, St. Louis & New Orleans Railroad v. AbelsMississippi Supreme Court · 1883
3Cited by8 opinions
- Kolkmeyer v. Chicago & Alton RailroadMissouri Court of Appeals · 1915
- Yazoo & M. V. R. R. v. BellMississippi Supreme Court · 1916
- Foust v. LeeMissouri Court of Appeals · 1909
- Illinois Cent. R. Co., Inc. v. PaxtonMississippi Supreme Court · 1940
- Illinois Central R. R. v. TeamsMississippi Supreme Court · 1897
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