American Railway Express Co. v. Galt
Mississippi Supreme Court
Appeal from circuit court of Warren county. Hon. E. L. Brien, Judge. Action by W. II. Galt against tbe American Railway Express Company. Judgment for plaintiff, and defendant appeals.
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Appeal from circuit court of Warren county. Hon. E. L. Brien, Judge. Action by W. II. Galt against tbe American Railway Express Company. Judgment for plaintiff, and defendant appeals. Appellant contends that under the Act of Congress of August 9, 1916, 39 Stat. L. 441, commonly known as the Second Cummins Amendment that the proviso in the First Cummins Amendment of date March 4, 1915, and which became effective on June 2, 1915, 38 Stat. L. 1196, relating to goods hidden from view by wrapping, boxing, etc., was eliminated and that the effect of this Second Cummins Amendment is to permit…
1Opinion of the CourtAnderson, J.
The appellee, W. H. Galt, recovered a judgment against appellant, American Railway Express Company, in the circuit court of Warren county for the principal of the amount sued for, ninety-eight dollars and seventy-eight cents, with interest and statutory damages of ten per cent., aggregating one hundred fifteen dollars and seventeen cents from which appellant prosecutes this appeal.
The facts of the case were agreed to, and in substance are as follows: Appellant was, at the time the alleged cause of *98action arose (and is now), an .interstate as well as intrastate common carrier of goods by…
2Cases cited2 opinions
- Lindenburg v. American Railway Express Co.West Virginia Supreme Court · 1921
- Siebert v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- Wall-A-Hee v. Northern Pacific Railway Co.Washington Supreme Court · 1935
- Payne v. BryanSupreme Court of Florida · 1925