New Orleans & N. E. R. v. J. H. Miner Saw Mfg. Co.
Mississippi Supreme Court
Appeal from the circuit court of Lamar county.' Hon. A. E. "Weathekby, Judge. Snit by the J. H. Miner Saw Manufacturing. Com.pany against the New Orleans & Northeastern- Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Lamar county.' Hon. A. E. "Weathekby, Judge. Snit by the J. H. Miner Saw Manufacturing. Com.pany against the New Orleans & Northeastern- Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. If the plaintiff had proved his case in the regular way the burden would certainly he upon him to prove that the notice of the special damages was given before, or at the time of the making of the contract. See, Dor-ranee & Co. v. International & G. N. B. B. Co., 126 S. W/694. Such is a necessary part of…
1Opinion of the CourtSykes, J.
This suit originated in the justice of the peace court, ■ and was duly appealed to the circuit court, where it was tried upon the following agreed statement of facts:
“On July 11, 1913, J. H. Miner Saw Manufacturing Company, plaintiff, shipped from Lumberton, Miss., a consignment of saws to James Carlin, Pagosa Springs, Colo., a distance of two thousand one hundred three miles. This shipment arrived at destination on August 21, 1913, and consignee was notified on the same day, being present when the shipment arrived. Oh September 3; 1913, plaintiff filed with the defendant a claim of one…
2Cases cited7 opinions
- American Express Co. v. JenningsMississippi Supreme Court · 1905
- Southern Pacific Railroad v. A. J. Lyon & Co.Mississippi Supreme Court · 1914
- Alabama & Vicksburg Railroad v. McKennaMississippi Supreme Court · 1913
- Yazoo & M. V. R. v. JacobsonMississippi Supreme Court · 1916
- Yazoo & M. V. R. v. AllenMississippi Supreme Court · 1913
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3Cited by3 opinions
- Hector Martinez and Company v. Southern Pacific Transportation Co.Court of Appeals for the Fifth Circuit · 1979
- Burlington Northern Inc. v. United StatesUnited States Court of Claims · 1972
- Percy v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1929