Maxwell v. Southern Pacific Railroad
Supreme Court of Louisiana
APPEAL from the Oivil District Court for the Parish of Orleans. King, J. Article 2751, Oivil Code, subjects watermen and carriers to the same obligations and duties with respect to the safe keeping and preservation of the things entrusted to them as tavern keepers, whose obligations are defined in Arts. 2964 to 2971 inclusive, C. 0.; Bailey vs. Stewart, 1 Rob. 410. Art. 2754 0 . 0., is an almost exact reproduction of Art. 1784, 0. N. The limitation of liability enunciated by…
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APPEAL from the Oivil District Court for the Parish of Orleans. King, J. Article 2751, Oivil Code, subjects watermen and carriers to the same obligations and duties with respect to the safe keeping and preservation of the things entrusted to them as tavern keepers, whose obligations are defined in Arts. 2964 to 2971 inclusive, C. 0.; Bailey vs. Stewart, 1 Rob. 410. Art. 2754 0 . 0., is an almost exact reproduction of Art. 1784, 0. N. The limitation of liability enunciated by these articles is not in any way a derogation from the general rules applicable to all contracts. O. O. 1938; 0. N.…
1Opinion of the Court
The opinion of the court was delivered by
WATKINS, J.
The plaintiffs sue for the value of one hundred and ten bales of cotton which were destroyed by fire, while in possession of the defendant at its depot, or the vicinity thereof, in New Iberia, same having been delivered to the defendant for transportation over its road from the parish of Vermilion to the city of New Orleans.
The averments of the petition are as follows, to-wit:
“On the 22d of December, 1894, petitioners delivered in the parish of Vermilion, ninety-three of said bales of cotton to the steamboat Alice LeBlanc, to be delivered by…
2Cases cited2 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Rio v. GordonSupreme Court of Louisiana · 1840
3Cited by7 opinions
- Lehman, Stern & Co. v. Morgan's Louisiana & Texas R. & S. S. Co.Supreme Court of Louisiana · 1905
- McVoy v. BaumannNew Jersey Court of Chancery · 1922
- Dejean v. Louisiana Western R. Co.Supreme Court of Louisiana · 1928
- American Cotton Co-Operative Ass'n v. New Orleans & Vicksburg Packet Co.Supreme Court of Louisiana · 1934
- McHenry Horse Exchange v. Illinois Cent. R. Co.Supreme Court of Louisiana · 1920
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