Legal Opinion

J. D. Simms & Sons v. New Orleans & N. E. R.

Supreme Court of Louisiana

Decided November 4, 1908No. 17,212PublishedCited by 11 opinions

Action by J. D. Simms & Sons against the-New Orleans & Northeastern Railroad Company. Judgment for plaintiffs was affirmed by the Court of Appeal, and defendant applies for certiorari or writ of review.

1Opinion of the CourtLand, J.

The plaintiffs sued the defendant to recover $235, the value of a certain mule, one of 25 shipped by car load from East St. Louis to New Orleans. The mules- were delivered to the Mobile & Ohio Railroad for transportation to Meridian, Miss., hence to -be delivered to the defendant company for transportation to New Orleans.

The petition alleges that, by gross negligence and lack of care on the part of defendant company in handling the said car between Meridian and New Orleans, the mule in question was jammed, mashed, and injured so that it reached New Orleans bleeding from the lungs and died…

2Cases cited1 opinion

  1. Lehman, Stern & Co. v. Morgan's Louisiana & Texas R. & S. S. Co.Supreme Court of Louisiana · 1905

3Cited by11 opinions

  1. McHenry Horse Exchange v. Illinois Cent. R. Co.Supreme Court of Louisiana · 1920
  2. Pecararo v. GroverLouisiana Court of Appeal · 1927
  3. Joseph Chalona Co. v. American Railway Express Co.Louisiana Court of Appeal · 1929
  4. Bowie Lumber Co. v. Yazoo & Miss. Valley R. R.Louisiana Court of Appeal · 1930
  5. Glaser v. N. O. T. & M. Ry. Co.Louisiana Court of Appeal · 1929

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