Legal Opinion

American Express Co. v. Jennings

Mississippi Supreme Court

Decided April 15, 1905PublishedCited by 11 opinions

Ebom the circuit court of, second district, Coahoma county. Hon. Samuel 0. Cook, Judge. Jennings, the appellee, was plaintiff, and the express company, the appellant, defendant in the court beloiv. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are stated in the opinion of the eourt.

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Ebom the circuit court of, second district, Coahoma county. Hon. Samuel 0. Cook, Judge. Jennings, the appellee, was plaintiff, and the express company, the appellant, defendant in the court beloiv. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are stated in the opinion of the eourt. The instructions referred to in the opinion are as follows: Instructions given for plaintiff: “Ho. 1. The court instructs the jury to find for the plaintiff the value of the property consigned to him that belonged to him and was never delivered.” “Ho. 3. The court…

1Opinion of the Court

Cox, J.,

delivered tbe opinion of tbe court.

Tbe appellee here, who was plaintiff below, was engaged during tbe fall of 1903 in operating a cotton gin in tbe town of Scobey. Some time near tbe middle of December be broke a piston rod — the same being necessary to the ojjeration of *336bis gin machinery — and sent the same, under a hurry order, to the Adams Machine Company, at Corinth, for immediate repair and return. The rod was repaired and certain other necessary parts added by the Adams Machine Company, and all were delivered to the Southern Express Company, consigned to appellee at Scobey,…

2Cases cited3 opinions

  1. Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
  2. Gulf, Colorado & Santa Fe Railway Co. v. GilbertCourt of Appeals of Texas · 1893
  3. Silver v. KentMississippi Supreme Court · 1882

3Cited by11 opinions

  1. Chapman v. . FargoNew York Court of Appeals · 1918
  2. Tansil v. HorlockMississippi Supreme Court · 1967
  3. W. T. Adams' Machine Co. v. South State Lumber Co.Alabama Court of Appeals · 1911
  4. Southern Pacific Railroad v. A. J. Lyon & Co.Mississippi Supreme Court · 1914
  5. New Orleans & N. E. R. v. J. H. Miner Saw Mfg. Co.Mississippi Supreme Court · 1918

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