Yazoo & Mississippi Valley Railroad v. McKay
Mississippi Supreme Court
Erom the circuit court of, second district,' Coahoma county. EIon. Samuel C. Cooic, Judge. McKay, appellee, was-.plaintiff in the court below; the railroad company, appellant, was defendant there. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court.
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Erom the circuit court of, second district,' Coahoma county. EIon. Samuel C. Cooic, Judge. McKay, appellee, was-.plaintiff in the court below; the railroad company, appellant, was defendant there. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court. The case is similar to that of Yazoo, etc., R. R. Oo. v. Blum, 89 Miss., 242, 42 South., 282. Plaintiff sued to recover damages for defendant’s failure to transport and deliver cotton with reasonable promptness. A demurrer to the declaration was overruled by the trial court, and defendant then filed four special pleas, the…
1Opinion of the CourtWhitfield, C. J.
This case is controlled by the case of Yazoo, etc., R. R. Co. v. Blum, 89 Miss., 242, 42 South., 282. The pleas in this case set out substantially the same defense as set out in the case above, except that the pleas here are much fuller, amplifying the defense materially. There are four special pleas in the case. The first special plea is in the words and figures as follows :
“ And for a further plea defendant says that plaintiff ought *143not to have and recover in this case, for this, to-wit: Defendant is a common carrier as set out in the second and third pleas. Its main line extends from the…
2Cases cited1 opinion
- Yazoo & Mississippi Valley Railroad v. BlumMississippi Supreme Court · 1906
3Cited by1 opinion
- Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916