New Orleans & Northeastern Railroad v. Shackelford
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. Shackelford, the appellee, was plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor, awarding him only a part of the recovery sought, the defendant appealed to the supreme court, and the plaintiff prosecuted a cross-appeal. The facts are stated in the opinion of the court.
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From the circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. Shackelford, the appellee, was plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor, awarding him only a part of the recovery sought, the defendant appealed to the supreme court, and the plaintiff prosecuted a cross-appeal. The facts are stated in the opinion of the court. The fact that commercial travelers or others are accustomed to carry merchandise in passenger trains without paying any more than the usual price of the ticket for a passenger,…
1Opinion of the Court
Whitfield, 0. J.,
delivered the opinion of the court.
On April 22, 1905, Lee Shackelford, the appellee and cross-appellant herein, a drummer for the Melton Hardware Company, applied for and obtained from the agent of the appellant, the New Orleans & Northeastern Railroad Company, at Vossburg, Miss., a check for his sample case, having supplied himself with a thousand-mile ticket over said road, and, with his mileage ticket and a check for his sample case as baggage, he boarded the train of the said appellant to go from Vossburg to Pachuta. He arrived at Pachuta about twelve o’clock at night,…
2Cases cited10 opinions
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Sloman v. . Great Western Railway Co.New York Court of Appeals · 1876
- Kansas City, Fort Scott & Memphis Railway Co. v. McGaheySupreme Court of Arkansas · 1897
- Oakes v. N. P. R. R.Oregon Supreme Court · 1891
- Minter v. Pacific RailroadSupreme Court of Missouri · 1867
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3Cited by2 opinions
- Kansas City, M. & O. Ry. Co. v. FugattSupreme Court of Oklahoma · 1915
- S. Nathan & Co. v. Red Cab, Inc.Court of Appeals for the Seventh Circuit · 1941