Vicksburg & Meridian R. R. v. Ragsdale
Mississippi Supreme Court
Error to circuit court of Lauderdale county. Leach-MAÍT, J. The opinion of the court contains a sufficient statement of the facts of the case' to show the application of the legal principles and rules enunciated by the court, and the briefs of counsel contain the principles of the instructions given and refused. Any further statement of the case is deemed unnecessary and improper.
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Error to circuit court of Lauderdale county. Leach-MAÍT, J. The opinion of the court contains a sufficient statement of the facts of the case' to show the application of the legal principles and rules enunciated by the court, and the briefs of counsel contain the principles of the instructions given and refused. Any further statement of the case is deemed unnecessary and improper. The first instruction affirms, that if the property was taken to the depot, and deposited there with the knowledge of defendants, this was a delivery. This might be a delivery under some circumstances ; but, as…
1Opinion of the Court
SlMRALL, J. :
This is a suit by Ragsdale against the Vicksburg and Meridian Railroad Company, as common carriers, for a failure to transport from Vicksburg to Meridian, a boiler, part of the machinery of a steam saw-mill, within a reasonable time. The count is upon the duty (or implied contract) of the carrier to perform his undertaking with due dispatch, and alleges for breach a failure to perform. We have been greatly assisted by counsel, with elaborate argument at the bar, and with copious briefs. When property is delivered to a carrier the law implies a contract, that it shall be safely,…
2Cases cited9 opinions
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Shannon v. ComstockNew York Supreme Court · 1839
- Parsons v. HardyNew York Supreme Court · 1835
- Cooper v. YoungSupreme Court of Georgia · 1857
- Sangamon & Morgan Railroad v. HenryIllinois Supreme Court · 1852
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3Cited by52 opinions
- Chipley v. AtkinsonSupreme Court of Florida · 1887
- Lovett v. EL Garner, Inc.Mississippi Supreme Court · 1987
- McGraw v. B. & O. R. R. Co.West Virginia Supreme Court · 1881
- St. Louis S. F. R. Co. v. ZickafooseSupreme Court of Oklahoma · 1913
- Koehring Co. v. Hyde Construction Co.Mississippi Supreme Court · 1965
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