Illinois Central R. R. v. Haynes
Mississippi Supreme Court
Appeal from the Circuit Court of Attala County. Hon. C. II. Campbell, Judge. This is an action for damages brought by J. H. Haynes against the Illinois Central Eailroad Company.
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Appeal from the Circuit Court of Attala County. Hon. C. II. Campbell, Judge. This is an action for damages brought by J. H. Haynes against the Illinois Central Eailroad Company. It appears that plaintiff shipped a carload of cattle by defendant’s road from Kosciusko to New Orleans; that the train on which' they were shipped was delayed twenty-four hours on the road because of being overloaded and the engine getting out of rep'air, and that the cattle suffered for lack of food and water; and that this resulted in loss to him by a decrease in the value of the cattle. The plaintiff contended…
1Opinion of the CourtArnold, J.
It is not entirely clear from the record whether the testimony of the witness Woods, as to the conversation at Durant, between him and the conductor of a different train from that on which the cattle were shipped, was permitted to go to the jury or not. If it did, it was error. It did not prove or tend to prove the issue joined between the parties. The objection to it should have been sustained.
The third instruction for appellee should not have been given. It is not true, as therein stated, that a railroad company in the carriage of live stock “is required to use the safest and best approved…
2Cases cited2 opinions
- Natchez & Jackson R. R. v. McNeilMississippi Supreme Court · 1884
- Wells v. GordonSupreme Court of Louisiana · 1840