Chicago, St. Louis & New Orleans Railroad v. Abels
Mississippi Supreme Court
Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. G. D. Abels being the owner of nine head of horses and one mule, shipped the same from New Haven, Ky., to Durant, Miss., a station on the' line of the Chicago, St. Louis & New Orleans Railroad Company under a special contract of shipment, containing, among others, the following stipulation : “ Inconsideration that the said party of the first part (the R. R. Co.) will transport for the party of the…
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Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. G. D. Abels being the owner of nine head of horses and one mule, shipped the same from New Haven, Ky., to Durant, Miss., a station on the' line of the Chicago, St. Louis & New Orleans Railroad Company under a special contract of shipment, containing, among others, the following stipulation : “ Inconsideration that the said party of the first part (the R. R. Co.) will transport for the party of the second part (Abels), one car load of horses and mules (ten head more or less) from New Haven, Ky., to Durant Station, at…
1Opinion of the CourtCampbell, C. J.
A common carrier may, by special conti-act, stipulate for exemption from the liability imposed by the common law, but *1023may not thus secure exemption from the consequences of negligence or misconduct.
The burden is on the carrier relying on a contract stipulating for a restricted liability to prove it, if it is not proved by the other party, and to show that the injury complained of resulted, without fault on the part of the carrier, from some cause excepted by the contract. The carrier in such case must show, at least prima facie, that the injury did not result from neglect. It would then…
2Cited by15 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Railway Co. v. WynnTennessee Supreme Court · 1890
- Atchison, Topeka & Santa Fe Railroad v. LawlerNebraska Supreme Court · 1894
- Marr v. Western Union Telegraph Co.Tennessee Supreme Court · 1887
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