Alabama & Vicksburg Railway Co. v. Brooks
Mississippi Supreme Court
From the circuit court of Warren county. Hon. J. D. G-illand, Judge. Action of slander brought by the appellee against the appellant, based upon an alleged libelous letter written by it3 superintendent. In May, 1890, the plaintiff was a passenger on the defendant’s road, and checked a trunk and valise from Meridian to Vicksburg.
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From the circuit court of Warren county. Hon. J. D. G-illand, Judge. Action of slander brought by the appellee against the appellant, based upon an alleged libelous letter written by it3 superintendent. In May, 1890, the plaintiff was a passenger on the defendant’s road, and checked a trunk and valise from Meridian to Vicksburg. The valise was lost or mislaid at Vicksburg, and, the officers not being able to deliver it, appellee placed the matter of his claim against the company, for the loss of the valise and contents, in the hands of Dabney & McCabe, attorneys at law, at Vicksburg,…
1Opinion of the CourtCooper, J.
If it be conceded that the demurrer to the second plea should have been overruled, no reversible error would be shown, since, under the general issue, and under the third and fourth pleas, the defendant had advantage of all matters of defense set up in the second plea. In truth, the whole controversy was upon the facts set up by that plea, and which, upon the demurrer being sustained, were substantially restated in pleas three and four.
The defenses introduced were that Bond had no authority, as agent of the defendant, to write, the letter, and if he had, that, under the circumstances, it was…
2Cases cited3 opinions
- Lewis and Herrick v. . ChapmanNew York Court of Appeals · 1857
- Elmer v. FessendenMassachusetts Supreme Judicial Court · 1890
- Verner v. VernerMississippi Supreme Court · 1886
3Cited by12 opinions
- Abraham v. BaldwinSupreme Court of Florida · 1906
- Hellesen v. Knaus Truck Lines, Inc.Supreme Court of Missouri · 1963
- Freeman v. Dayton Scale Co.Tennessee Supreme Court · 1929
- McDaniel v. Crescent Motors, Inc.Supreme Court of Alabama · 1947
- Montgomery Ward & Co. v. SkinnerMississippi Supreme Court · 1946
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