New Orleans & N. E. R. v. Wood
Mississippi Supreme Court
Appeal from tlie circuit court of Jones county. Hon. Paul B. Johnson, Judge. Suit by W. R. Wood against tbe New Orleans & Northeastern Railroad Company. From a judgment for plaintiff, defendant appeals.
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Appeal from tlie circuit court of Jones county. Hon. Paul B. Johnson, Judge. Suit by W. R. Wood against tbe New Orleans & Northeastern Railroad Company. From a judgment for plaintiff, defendant appeals. Appellee, W. R. Wood, as plaintiff 'in the court below, instituted this action in the court of a justice of the peace of Jones county to recover one hundred, ten dollars damages to a carload of cattle shipped by the plaintiff from New Orleans, La., to his own order at Ellisville, Miss. The cattle were loaded at New Orleans, La., about six o’clock p. m. of August 1, 1914, and were during that…
1Opinion of the Court
Steveks, J.,
■ delivered the opinion of the court.
(After stating the facts as above). We base an af-firmance of this case upon the testimony which tends to prove, and which is sufficient to warrant the jury in finding, that the provisions of the contract in reference to notice of claim for damages were waived. The only point argued by counsel for appellant is the alleged failure of appellee to give the notice required by clause 8 of the contract. Counsel cite, as binding upon this court, Atchison, etc., R. Co. v. Harold, 241 U. S. 371, 36 Sup. Ct. 665, 60 L. Ed. 1050, Northern Pacific R. Co.…
2Cases cited4 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
- Northern Pacific Railway Co. v. WallSupreme Court of the United States · 1916
- Atchison, Topeka & Santa Fe Railway Co. v. HaroldSupreme Court of the United States · 1916
3Cited by3 opinions
- E. H. Emery & Co. v. Wabash RailroadSupreme Court of Iowa · 1918
- Bernstein v. Yazoo & M. V. R. R.Mississippi Supreme Court · 1917
- Pickle v. Receiver of St. Louis & San Francisco Ry. Co.Mississippi Supreme Court · 1917