Planters' Cotton Oil Co. v. Texas & P. Ry. Co.
Supreme Court of Louisiana
Action by the Planters’ Cotton Oil Company, Limited, against the Texas & Pacific Railway Company. Judgment for plaintiff, and defendant applies for a writ of review.
1Opinion of the CourtPro Yo Sty, J.
A carload of cotton seed received by the plaintiff company at its oil mill over the railroad of the defendant company was found to be heating and rotting. The plaintiff company caused the local agent of the defendant company to come and see the condition of the seed, and then ran it through its mill, converting it into various products.
This suit is in damages for the loss alleged to have been sustained from the deterioration of the seed.
In the case of Henderson v. Ship Maid of Orleans, 12 La. Ann. 352, this court said:
“The measure of damage is the difference between the value of the goods in…
2Cases cited3 opinions
- Henderson v. Ship Maid of OrleansSupreme Court of Louisiana · 1857
- L. Elkin & Co. v. New York & New Orleans Steamship Co.Supreme Court of Louisiana · 1859
- Smith v. WallSupreme Court of Louisiana · 1866