Baltimore & Ohio Express Co. v. Cooper
Mississippi Supreme Court
Erom the circuit court of Clarke county. Hon. S. H. Terral, Judge. This action was brought by appellee against the Baltimore & ■Ohio Express Company for damages sustained because of the negligent failure of said company to promptly forward an article delivered to it for shipment.
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Erom the circuit court of Clarke county. Hon. S. H. Terral, Judge. This action was brought by appellee against the Baltimore & ■Ohio Express Company for damages sustained because of the negligent failure of said company to promptly forward an article delivered to it for shipment. Appellee was the owner of a saw-mill in Clarke county, and on Friday, January 20, 1888, delivered to the agent of the appellant at Pachuta a certain piece of iron casting, known as a cross-head of an engine, to be forwarded to the Progress Manufacturing Company, at Meridian. This article was essential to the running…
1Opinion of the CourtCampbell, J.
The only point made by the appellant deserving special mention *560is that the claim for the loss or damage was not presented in writing at the office which issued the receipt, etc., in accordance with a condition contained in it; and our view is that this condition is not applicable to this case, because the claim here sued on is for damages for negligence by that office in not sending forward the article named, and there was no necessity to bring to the notice of the company at that office the claim for what that office was fully cognizant of, its negligence having caused the loss.
Affirmed.
2Cited by4 opinions
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
- Houtz v. Union Pac. R.Utah Supreme Court · 1908
- Covington v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1916