New Orleans & Northeastern Railroad v. Lamkin
Mississippi Supreme Court
From the circuit court of Warren county. Hon. Patrick Henry, Judge. 'Lamkin and another, the appellees, were the plaintiffs in the court below; the New Orleans & Northeastern Railroad Co. and the Alabama & Vicksburg Railway Co., the appellants, were defendants there. The appellees placed eleven hundred and six bales of cotton in the hands of the Alabama. & Vicksburg Railway Co., at Vicksburg, for shipment to Havre, France.
Read the full summary
From the circuit court of Warren county. Hon. Patrick Henry, Judge. 'Lamkin and another, the appellees, were the plaintiffs in the court below; the New Orleans & Northeastern Railroad Co. and the Alabama & Vicksburg Railway Co., the appellants, were defendants there. The appellees placed eleven hundred and six bales of cotton in the hands of the Alabama. & Vicksburg Railway Co., at Vicksburg, for shipment to Havre, France. The railway company issued to appellees a through bill of lading from Vicksburg to New Orleans, where the cotton was to be delivered to a steamship company for further…
1Opinion of the CourtWhitfield, C. J.
We think the true rule is stated in 6 Am. & Eng. Enc. L., 655 (2d ed.), as follows: “If the several lines are under one management and control, so as to constitute a system, or have contracts by which their continuous roads are held out to the public as a line for through transportation, the roads constituting the line, or system, are jointly liable for injuries occurring to goods while being carried over their through line. Wherever there is an identity of interest, or the companies have placed certain features of their business under one general control (although the general management of…
2Cases cited3 opinions
- Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
- Swift v. . Pacific Mail Steamship Co.New York Court of Appeals · 1887
- Wyman v. Chicago & Alton RailroadMissouri Court of Appeals · 1877
3Cited by1 opinion
- Illinois Central Railroad v. JonesMississippi Supreme Court · 1905