Illinois Central Railroad v. Bogard
Mississippi Supreme Court
From the circuit court of Lafayette county. Hon. Z. M. Stephens, Judge. Bogard and another, appellees, were the plaintiffs in the ■court below; the railroad company, appellant, was defendant there. The suit was for damages to live stock shipped by the plaintiffs over defendant’s road from Oxford, Miss., to St. Louis, Mo.
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From the circuit court of Lafayette county. Hon. Z. M. Stephens, Judge. Bogard and another, appellees, were the plaintiffs in the ■court below; the railroad company, appellant, was defendant there. The suit was for damages to live stock shipped by the plaintiffs over defendant’s road from Oxford, Miss., to St. Louis, Mo. The stipulations of the contract of affreightment involved are correctly copied in the brief of appellant’s attorneys, and the nature of'the controversies are sufficiently shown by the opinion of the court. The contracts for shipment contain the following stipulation: “And…
1Opinion of the CourtCalhoon, J.
Nothing exonorates a carrier from the obligation to deliver the freight in his charge at the point of destination except the act of God or the public enemy, or the condupt of the shipper. Southern Express Co. v. Moon, 39 Miss., 822; Gilmore v. Carman, 1 Smed. & M., 279; Neal v. Saunderson, 2 Smed. & M., 572; Mobile, etc., R. R. Co. v. Weiner, 19 Miss., 725. Of course this rule is subject to modification in cases where loss or damage occurs, occasioned by the nature of the freight itself, nor are we to be understood as holding that the carrier might not be exonerated where the loss was the…
2Cases cited3 opinions
- Southern Express Co. v. MoonMississippi Supreme Court · 1863
- Jamison v. MoonMississippi Supreme Court · 1871
- Illinois Central Railroad v. LangdonMississippi Supreme Court · 1893
3Cited by5 opinions
- Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
- St. Louis S. F. R. Co. v. LaddSupreme Court of Oklahoma · 1912
- Lasky v. Southern Express Co.Mississippi Supreme Court · 1908
- Denver & Rio Grande Railroad v. A. Peterson Grocery Co.Supreme Court of Colorado · 1915
- Williams v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1908