Legal Opinion

C. H. Rice & Son v. Payne

Supreme Court of Louisiana

Decided February 27, 1922No. 25037Published

Certiorari to Court of Appeal, Parish of Orleans. Action by C. H. Rice & Son against John Barton Payne, Agent. A judgment for plaintiff was affirmed by the Court of Appeal, and the Yazoo & Mississippi Valley Railroad Company applies for certiorari or writ of review.

1Opinion

On the Merits.

By Division B, composed oS Justices O’NIELL, LAND, and BAKER. BAKER, J.

[3] The question propounded in this .case is whether a consignee, a commission merchant, whose goods were negligently delivered by the employees of a railroad company to one of his competitors in business, has a right of action against the railroad company to recover the loss of his commission on the goods. The facts of the case are not disputed. Plaintiff is engaged in the business Of selling live stock on commission, in the city of New Orleans. One of plaintiff’s customers, a cattle dealer, in Payette,…

2Cases cited11 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
  3. Armistead v. Shreveport & Red River Valley Railway Co.Supreme Court of Louisiana · 1902
  4. Silverman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Louisiana · 1899
  5. Price v. Ship UrielSupreme Court of Louisiana · 1855

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