Jones v. Southern Express Co.
Mississippi Supreme Court
Appeal from the circuit court of Warren county. Hon. H. C. Mocjnger, Judge. Suit by J. F. Jones against the Southern Express Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The lower court based its decision on Express Company v. Stevenson, 89 Miss. 233. We submit that that case has no application to the case at bar. The facts distinguish the two cases.
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Appeal from the circuit court of Warren county. Hon. H. C. Mocjnger, Judge. Suit by J. F. Jones against the Southern Express Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The lower court based its decision on Express Company v. Stevenson, 89 Miss. 233. We submit that that case has no application to the case at bar. The facts distinguish the two cases. There the express, company had no notice of the apparent value of the shipment; here it liad. Express Company v. Seide, 67 Miss.. 609; is on allfours with the case at bar, and…
1Opinion of the CourtCook, J.
Appellant shipped a basket of laundry from Vicksburg, Miss., to Rayville, La., which was lost, and he sued the express company for the value of the container and contents, which was proved to be one hundred and sixty-four dollars and eighty five cents. At the close of the evidence the trial court instructed the jury that plaintiff could not recover more than fifty dollars. The jury returned a verdict for fifty dollars, and plaintiff appeals, insisting here that he was entitled to recover the value as above stated.
- The receipt, or bill of lading, contained a clause limiting the value of the…
2Cases cited2 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Chicago, Burlington & Quincy Railway Co. v. MillerSupreme Court of the United States · 1913
3Cited by2 opinions
- American Express Co. v. BurkeMississippi Supreme Court · 1913
- St. Louis & San Francisco Railroad v. MillsMississippi Supreme Court · 1913