Gulf & Chicago Railway Co. v. Ferguson-McKinney Dry Goods Co.
Mississippi Supreme Court
From the circuit court of Pontotoc county. Hon. John H. 'Mitchell, Judge. The dry goods company, appellee, was plaintiff in the court below; the railway company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to. the supreme court.
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From the circuit court of Pontotoc county. Hon. John H. 'Mitchell, Judge. The dry goods company, appellee, was plaintiff in the court below; the railway company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to. the supreme court. The appellee sold goods to Phillips & Murff, merchants, at Reids, Miss., twenty miles from Pontotoc, and delivered the goods to the carrier for transportation, and they were transported to Pontotoc, Miss., a station on appellant’s'railway, where Phillips & Murff received their freight. They arrived at Pontotoc about February…
1Opinion of the CourtMayes, C. J.
Out of the many contentions made by appellant, we find only two that we deem necessary to notice. There is proof in this. *268record only that appellee’s goods were destroyed by being burned while in appellant’s depot. There is not the slightest proof that this fire was the result of any negligence on the part of the agents of appellant. Notwithstanding this, the court instructed the jury “that, if they should believe from the evidence that the loss of the goods occurred because of the negligence of .defendant, then they will find for plaintiff, even though they may think the liability of the…
2Cases cited2 opinions
- Yazoo & Mississippi Valley Railroad v. HughesMississippi Supreme Court · 1908
- Green v. RichardsonSupreme Court of Louisiana · 1908
3Cited by1 opinion
- American Railway Express Co. v. RhodyIndiana Court of Appeals · 1924