Legal Opinion
Planters' Cotton Oil Co. v. Texas & P. Ry. Co.
Supreme Court of Louisiana
Decided January 10, 1916No. 21621Published
Action by the Planters’ Cotton Oil Company, Limited, against the Texas & Pacific Railway Company. Judgment for plaintiff, and defendant applies for a writ of review.
1Opinion
On Rehearing.
LAND, J.
[1] Our original opinion was based on the cases of Henderson v. Ship Maid of Orleans, 12 La. Ann. 352, and Smith v. Barque W. H. Wall, 18 La. Ann. 724, in which the court said: ■
“The measure of damage is the difference between the value of the goods in their damaged state, and their value at the port of destination had they been delivered in good order. * * * That difference in value should have been ascertained by a public sale to the highest bidder.”
The doctrine that damage to goods, while in transit on ships, should be ascertained by public sale, was peculiar to this…
2Cases cited7 opinions
- Henderson v. Ship Maid of OrleansSupreme Court of Louisiana · 1857
- Greenwood v. CooperSupreme Court of Louisiana · 1855
- Rathbone v. NealSupreme Court of Louisiana · 1849
- L. Elkin & Co. v. New York & New Orleans Steamship Co.Supreme Court of Louisiana · 1859
- Morris v. WilliamsSupreme Court of Louisiana · 1851
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