Alabama & Vicksburg Railroad v. McKenna
Mississippi Supreme Court
Appeal from the circuit court of Warren county. Hon. H. C. Mounger, Judge. Suit by Mrs. C. D. McKenna against the Alabama '& Vicksburg Railway 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 Warren county. Hon. H. C. Mounger, Judge. Suit by Mrs. C. D. McKenna against the Alabama '& Vicksburg Railway Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Special damages may in proper cases be recovered where notice is given to the shipper at the time of the reception of the goods of peculiar circumstances tending to enhance damages because of delay in the shipment, but no sort of notice after the shipment is completed will require a railway company to violate the law of the state and…
1Opinion of the CourtReed, J.
Mrs. McKenna brought suit against- the Alabama & Vicksburg Railway Company to recover damages resulting from the failure of the company to deliver to her within a reasonable time certain household goods and effects, shipped from Bolton to Vicksburg, claiming that by reason of such failure she contracted a cold, from which she suffered pain. When all the testimony for the plaintiff had been introduced, the railway company moved the court to exclude the evidence and for a peremptory charge for the jury to find for. defendant. The court overruled this motion. The court also refused to grant a…
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