Legal Opinion

Crawford v. Southern Railroad Ass'n

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 4 opinions

Error to the Circuit Court of Montgomery County. Hon. Orlando Davis, Judge. The facts in this case, as well as the instructions given and refused, are very fully stated in the opinion of the court. The case hinges entirely on the correctness of the instructions to the jury. 49 N. Y., 616; Redf. on Car., §§ 182-3, 189 note; 24 N. Y., 269 ; 34 111., 389 ; 43 N. Y., 514. The contract was in writing, and must be construed by its face. See .¿Etna Ins.

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Error to the Circuit Court of Montgomery County. Hon. Orlando Davis, Judge. The facts in this case, as well as the instructions given and refused, are very fully stated in the opinion of the court. The case hinges entirely on the correctness of the instructions to the jury. 49 N. Y., 616; Redf. on Car., §§ 182-3, 189 note; 24 N. Y., 269 ; 34 111., 389 ; 43 N. Y., 514. The contract was in writing, and must be construed by its face. See .¿Etna Ins. Co. v. Wheeler, 49 id., 616. A railway carrier may lawfully make a contract to carry goods beyond the line of their own road. Redf. on Car., § 183;…

1Opinion of the Court

Tarbell, J,

delivered the opinion of the court.

The plaintiff in error sued the defendant in error to .recover the value of a box of goods shipped at Vaiden, Mississippi, and addressed to the plaintiff in the action at Birmingham, Alabama. The declaration avers a contract to deliver the goods at the place of destination, but that the same were lost, wherefore, judgment was demanded for their value. There was a general denial of the allegations of the complaint, with notice, that on the trial evidence would be given showing the delivery of the goods by the S. E. E. Association to the connecting…

2Cases cited2 opinions

  1. Root v. . the Great Western R.R. Co.New York Court of Appeals · 1871
  2. Illinois Central Railroad v. JohnsonIllinois Supreme Court · 1864

3Cited by4 opinions

  1. Berg v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1883
  2. Dunbar v. Port Royal &c. Railway Co.Supreme Court of South Carolina · 1892
  3. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BryantIndiana Court of Appeals · 1905
  4. Myrick v. Michigan Cent. R. Co.U.S. Circuit Court for the Northern District of Illnois · 1879

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