Yazoo & M. V. R. R. v. Bell
Mississippi Supreme Court
Appeal from the circuit court of Hinds county. Hon. W. A. Henry, Judge. Suit hy W. H. Bell against the Yazoo & Mississippi Talley Railroad Company. From a judgment for plaintiff, defendant appeals. On the afternoon of November 16, 1912, appellee delivered to appellant at Pocahontas, Miss., forty-six head ■of cattle, for'shipment to New Orleans, La.
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Appeal from the circuit court of Hinds county. Hon. W. A. Henry, Judge. Suit hy W. H. Bell against the Yazoo & Mississippi Talley Railroad Company. From a judgment for plaintiff, defendant appeals. On the afternoon of November 16, 1912, appellee delivered to appellant at Pocahontas, Miss., forty-six head ■of cattle, for'shipment to New Orleans, La. The cattle were in good condition when loaded into the car in which they were to he transported; hut when the car arrived in New Orleans three of the cattle were missing, one heifer was dead in the car, and others of the cattle were bruised and…
1Opinion of the Court
Smith, C. J.,
delivered thé opinion of the court.
' (After stating the facts as above). Numerous reasons are assigned for reversing the judgment of the court below, but the only one we deem it necessary to specifically notice is:- That no liability on the part of appellant has been shown, first, because the evidence does not disclose that the cattle were injured by reason of the negligence of appellant or of the Illinois Central Railroad Company; and, second, because the provision in the bill of lading requiring written notice of appellee’s claim for damages, verified by affidavit to be…
2Cases cited3 opinions
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Chicago, St. Louis & New Orleans Railroad v. AbelsMississippi Supreme Court · 1883
- L., N. O. & T. Ry. Co. v. BiggerMississippi Supreme Court · 1889
3Cited by7 opinions
- Davis v. Sullivan OpryTexas Commission of Appeals · 1924
- Galveston, H. & S. A. Ry. Co. v. NevilleCourt of Appeals of Texas · 1925
- Illinois Cent. R. Co., Inc. v. PaxtonMississippi Supreme Court · 1940
- Illinois Cent. R. v. AtkinsonMississippi Supreme Court · 1917
- Illinois Central Railway Co. v. W. J. Davis & Co.Mississippi Supreme Court · 1916
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