Legal Opinion

Mills v. Merchants' Cotton-Press Co.

Tennessee Supreme Court

Decided June 7, 1890PublishedCited by 53 opinions

FROM SHELBY. Appeal from Chancery Court of Shelby County. B. *M. Estes, Ch. STATEMENT OE CASE. This is one of a series of suits involving the liability of the compress company and various railroad companies for the loss of 14,000 bales of cotton, valued at $700,000, burned on the night of November 17, -1887, while in press No. 4 of the ■defendant compress company, at Memphis, Tenn.

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FROM SHELBY. Appeal from Chancery Court of Shelby County. B. *M. Estes, Ch. STATEMENT OE CASE. This is one of a series of suits involving the liability of the compress company and various railroad companies for the loss of 14,000 bales of cotton, valued at $700,000, burned on the night of November 17, -1887, while in press No. 4 of the ■defendant compress company, at Memphis, Tenn. This particular suit is brought by the complainant, a Massachusetts cotton-spinning corporation, to recover the value of 418 hales of cotton, the defendants being the Merchants’ Cotton-press and Storage Company, a…

1Opinion of the Court

OPINION OP COURT.

LuRTON, J.

This case has been very ably and elaborately argued, and we deem it not inappropriate to acknowledge our very great indebtedness to the learned counsel who have appeared in the cause.

The first question which we shall consider is as to the liability of the railway defendants for a breach of their obligation as carriers of goods. The decree of the Chancellor against them was predicated up'on a supposed obligation by contract to cover with insurance the cotton of complainant. It has been, however, very .much pressed upon us *28that the carrier is liable upon a wholly…

2Cases cited4 opinions

  1. Home Insurance v. Baltimore Warehouse Co.Supreme Court of the United States · 1876
  2. California Insurance v. Union Compress Co.Supreme Court of the United States · 1890
  3. Fire Insurance Ass'n of England v. Merchants & Miners' Transportation Co.Court of Appeals of Maryland · 1887
  4. Railway Co. v. Manchester MillsTennessee Supreme Court · 1890

3Cited by53 opinions

  1. Baird v. Fidelity-Phenix Fire Ins. Co.Tennessee Supreme Court · 1942
  2. American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
  3. Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
  4. Railroad v. HarrisTennessee Supreme Court · 1897
  5. Missouri Pacific Railway Co. v. Sherwood, Thompson & Co.Texas Supreme Court · 1892

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