Harrison v. Roy
Mississippi Supreme Court
Error to the Circuit Court of Choctaw county. Hon. William • Cothran, judge. A. Roy, as survivor of the firm of A. & W. D. Roy, sued Harrison in the court below, as a common carrier, for damages sustained by injury done to a load of goods which Harrison had contracted to transport and deliver to said firm. On the trial, it appeared from the evidence that Harrison had executed a receipt, as follows: “ Greenwood, Miss., Wow.
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Error to the Circuit Court of Choctaw county. Hon. William • Cothran, judge. A. Roy, as survivor of the firm of A. & W. D. Roy, sued Harrison in the court below, as a common carrier, for damages sustained by injury done to a load of goods which Harrison had contracted to transport and deliver to said firm. On the trial, it appeared from the evidence that Harrison had executed a receipt, as follows: “ Greenwood, Miss., Wow. IS, 1856. “Received of Shaw & East, in good order, the following packages, marked as per margin, which I am to deliver, in like good order and without delay, to A. & W. D.…
1Opinion of the CourtHandy, J.
The only question in this case is, whether the plaintiff in error is to be regarded in law as a common carrier.
It appears by the evidence that the defendant’s wagons were engaged in hauling his cotton to Greenwood, and in order to get certain goods there belonging to the defendant, to be hauled on the return of the wagon, that he executed a receipt undertaking to deliver the goods to the plaintiff, who was to pay for their carriage at the customary rate; that the defendant had several times before, on occasional trips, hauled goods for plaintiff from Greenwood and received pay for the same;…
2Cases cited1 opinion
- Satterlee v. GroatNew York Supreme Court · 1828
3Cited by4 opinions
- The Home Insurance Company v. Thomas H. Riddell, Jr., and Charles F. RiddellCourt of Appeals for the Fifth Circuit · 1958
- Collier v. Langan & Taylor Storage & Moving Co.Missouri Court of Appeals · 1910
- Erwin Mills, Inc. v. WilliamsMississippi Supreme Court · 1960
- Jackson Architectural Iron Works v. HurlbutNew York Court of Common Pleas · 1895