Yazoo & Mississippi Valley Railroad v. Millsaps
Mississippi Supreme Court
From the circuit court of Claiborne county. Hon. William K. McLaurin, Judge. Jackson D. Millsaps, the appellee, was the plaintiff in the court below. The railroad company, appellant, was defendant there. Millsaps delivered cotton to the railroad company at Carlisle for transportation. The cotton was received by the company and placed on an open platform, where it was permitted to remain for several days.
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From the circuit court of Claiborne county. Hon. William K. McLaurin, Judge. Jackson D. Millsaps, the appellee, was the plaintiff in the court below. The railroad company, appellant, was defendant there. Millsaps delivered cotton to the railroad company at Carlisle for transportation. The cotton was received by the company and placed on an open platform, where it was permitted to remain for several days. A fire originated in the town, breaking out in a house off of the railroad’s premises, and with which the defendant company had nothing to do. In spite of heroic efforts of the railroad…
1Opinion of the CourtWhitfield, J.
Going directly to the heart of the matter, the inquiry, on the answer to which this case must turn, is, was the fire, in this particular case, the intervening, independent, proximate cause of the loss, accidental and nonnegligent as to the appellant’s employes? Grant, as we think is shown, that the delay in transportation was negligent, was there any causal connection between such delay as the proximate cause and the loss ? Or was the loss due wholly to a fire purely accidental, as .to which fire, in its origin and progress, the appellant was wholly free from blame, the fire being the…
2Cases cited1 opinion
- Merchants' Wharfboat Ass'n v. WoodMississippi Supreme Court · 1887
3Cited by7 opinions
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- The IndrapuraDistrict Court, D. Oregon · 1909
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Tallahatchie Compress & Storage Co. v. HartshornMississippi Supreme Court · 1921
- Smithwick v. Illinois Cent. R. Co.Mississippi Supreme Court · 1947
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