Merchants' Wharfboat Ass'n v. Wood
Mississippi Supreme Court
Appeal from the Circuit Court of Washington County. How. J. H. Wynn, Judge. The case is stated in the opinion of the court. 1. There is no conflict in the authorities as to the rule of damages — causa próxima non remota spectatur — and that it is applicable to actions both in contract and in tort.
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Appeal from the Circuit Court of Washington County. How. J. H. Wynn, Judge. The case is stated in the opinion of the court. 1. There is no conflict in the authorities as to the rule of damages — causa próxima non remota spectatur — and that it is applicable to actions both in contract and in tort. In both the damage must be the natural result of the act or breach, and as to contracts must have been in the contemplation of both parties where most broadly applied, or in tort must have been such as could reasonably have been foreseen and avoided. In actions in tort the adjudications have…
1Opinion of the CourtCooper, C. J.
The appellees delivered to the Georgia Pacific Railroad Company certain cotton consigned to their commission merchants in the city of New Orleans. This cotton was carried under a through contract of affreightment, but the railroad was to deliver it to the appellant at Greenville at its cotton yard, and appellant was to deliver it to the steamer, by which the journey was to be completed. There was a contract between the railroad company, the appellant, and the steamers Helena and Choteau under which cotton from the interior was to be taken on through bills to New Orleans at a certain rate, of…
2Cited by8 opinions
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Fields v. GordonCourt of Appeals of Tennessee · 1947
- Tallahatchie Compress & Storage Co. v. HartshornMississippi Supreme Court · 1921
- Milner Enterprises, Inc. v. JacobsMississippi Supreme Court · 1968
- Yazoo & Mississippi Valley Railroad v. MillsapsMississippi Supreme Court · 1899
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