Miss. Central Railroad v. Kennedy
Mississippi Supreme Court
Error to the Circuit Court Court of Carroll county. Hon. Wm. Cothran, judge. •That the action was not founded in tort will clearly appear from an inspection of the declaration. A special contract to carry a passenger and his baggage is clearly alleged, and to establish this'contract and its breach, the proof was directed. Nothing in the nature of a tort was either charged or proven.
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Error to the Circuit Court Court of Carroll county. Hon. Wm. Cothran, judge. •That the action was not founded in tort will clearly appear from an inspection of the declaration. A special contract to carry a passenger and his baggage is clearly alleged, and to establish this'contract and its breach, the proof was directed. Nothing in the nature of a tort was either charged or proven. The “baggage” of a passenger does not include such articles as watches (more than, one), or ladies’ dresses, unless it be the baggage of a lady — or percussion caps, &c. A carrier cannot be made responsible for…
1Opinion of the CourtPeyton, J.
The defendant in error institirtes his action of assumpsit in the Circuit Court of Carroll county, to recover of the plaintiffs in error, as common carriers, the value of a trunk and its contents, delivered to the plaintiffs in error, to be transported by them on their railroad from Grand Junction in Tennessee to Winona in Mississippi, which, it is alleged, were wholly lost to the defendant in error, through the carelessness, negligence and default of the plaintiffs' in error.
To the declaration, the plaintiffs in error filed-the.pleas of not guilty and non assumpsit, and four special pleas,…
2Cases cited2 opinions
- Pettigrew v. BarnumCourt of Appeals of Maryland · 1857
- New Orleans, Jackson & Great Northern Railroad v. MooreMississippi Supreme Court · 1866
3Cited by15 opinions
- Moffitt-West Drug Co. v. ByrdCourt of Appeals for the Eighth Circuit · 1899
- Pfister v. Central Pacific RailroadCalifornia Supreme Court · 1886
- Bacon v. Pullman Co.Court of Appeals for the Fifth Circuit · 1908
- Saunders v. Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1904
- St. L., I. M. & S. Ry. Co. v. MudfordSupreme Court of Arkansas · 1886
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