Smithwick v. Illinois Cent. R. Co.

Mrs. Smithwick sued appellee Railroad for the value of six bales of cotton destroyed by fire. When she rested her case the trial judge sustained a motion of defendant to exclude her evidence and render judgment for the Railroad. From this action she appeals.

The Railroad contends that a provision in the bill of lading exempts it from liability under the facts of this case, applying to such facts the rules announced by this Court in Yazoo & M. V. Ry. Co. v. Nichols & Co., 120 Miss. 690, 83 So. 5, 6, Id., 256 U. S. 540, 41 S. Ct. 549, 65 L. Ed. 1081. Appellant takes issue upon that conclusion.…