Legal Opinion

New Orleans, Jackson, & Great Northern Railroad v. Hurst

Mississippi Supreme Court

Decided April 15, 1859PublishedCited by 60 opinions

ERROR to the Circuit Court of Pike county. Hon. John E. McNair, judge. This action was commenced on the 11th of February, 1858, and the declaration alleges as follows: “ For that, whereas, heretofore, to wit, on the 2d day of January, A.D. 1858, the said defendants being common carriers, and engaged in the carrying of persons for pay, from the city of New Orleans, in the State of Louisiana, to the town of Brookhaven, in the State of Mississippi; and the said plaintiff, on…

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ERROR to the Circuit Court of Pike county. Hon. John E. McNair, judge. This action was commenced on the 11th of February, 1858, and the declaration alleges as follows: “ For that, whereas, heretofore, to wit, on the 2d day of January, A.D. 1858, the said defendants being common carriers, and engaged in the carrying of persons for pay, from the city of New Orleans, in the State of Louisiana, to the town of Brookhaven, in the State of Mississippi; and the said plaintiff, on the said 2d day of January, A.H. 1858, being in the city of New Orleans, in the State of Louisiana, and being desirous of…

1Opinion of the CourtHarris, J.

Several causes are assigned for error, in this record, by the plaintiff here, which may all, however, be considered under the first; which is, that “ the damages are excessive, and' the court erred in refusing a new trial.”

The declaration contains a statement of the facts constituting a cause of action, according to our statute. These facts are, — that the plaintiffs in error, being common carriers, defendant in error paid the price demanded by plaintiffs to be carried from New Orleans to Quin’s Depot, in the county of Pike, State of Mississippi, on plaintiffs’ road. That plaintiffs caused…

2Cases cited9 opinions

  1. Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
  2. Coleman v. SouthwickNew York Supreme Court · 1812
  3. Heirn v. M'CaughanMississippi Supreme Court · 1856
  4. Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
  5. Bell v. MorrisonMississippi Supreme Court · 1854

4 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
  2. Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
  3. G., C. & S. F. R'y Co. v. LevyTexas Supreme Court · 1883
  4. Elder, Dempster & Co. v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1913
  5. Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890

55 more not listed; retrieve them via the Exa API.

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