Tate & Co. v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Tunica county. Hon. Frank E. Larkin, Judge. The opinion states the facts of the case. This case involves the single question, whether or not under the facts in proof the cotton, when it was burned, was in the possession of the defendant, or still in the plaintiff’s possession.
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From the circuit court of Tunica county. Hon. Frank E. Larkin, Judge. The opinion states the facts of the case. This case involves the single question, whether or not under the facts in proof the cotton, when it was burned, was in the possession of the defendant, or still in the plaintiff’s possession. On the facts there is little or no conflict, and I submit that they show not only that the defendant was not entitled to the peremptory instruction, but that the plaintiffs were themselves entitled to a peremptory instruction if they had asked it. While conceding the proposition that there must…
1Opinion of the CourtTerral, J.
The appellee in this case recovered judgment by a peremptory instruction, and the appellants insist that a peremptory instruction should have been given in their behalf. On the twenty-eighth of September, 1897, the appellants loaded upon a car of the defendant company, at Clack’s station, twenty-four *849bales of cotton. The loading of the car was finished after sundown, and after the local freight train of that day, which was accustomed to take loaded cars from Clack’s, had passed on its return trip to Memphis, and no other local freight train, by which alone cotton was shipped from Clack’s,…
2Cases cited1 opinion
- Illinois Central Railroad v. J. L. Smyser & Co.Illinois Supreme Court · 1865
3Cited by6 opinions
- Kansas City, M. & O. Ry. Co. v. CoxSupreme Court of Oklahoma · 1910
- Pittsburg, C., C. & St. L. Ry. Co. v. American Tobacco Co.Court of Appeals of Kentucky · 1907
- Lewis v. Farmers Grain & Milling Co.California Court of Appeal · 1921
- Clara Turner Co. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1912
- Adair v. Yazoo & M. v. R.Mississippi Supreme Court · 1926
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