Archer v. Sinclair
Mississippi Supreme Court
Error to the circuit court of Washington county. Hon. C. C. Shackleford, Judge, The opinion of the court contains a sufficient statement of the case, Contended that the plaintiffs in error were mere wharfingers, receiving and shipping goods for hire, and they were responsible only for ordinary diligence.
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Error to the circuit court of Washington county. Hon. C. C. Shackleford, Judge, The opinion of the court contains a sufficient statement of the case, Contended that the plaintiffs in error were mere wharfingers, receiving and shipping goods for hire, and they were responsible only for ordinary diligence. Story on Bailments, 451, et seg.; Cowles et al. v. Painter, 26 Miss., 256 ; Thompson & Chew v. (Twin & Wallis, 46 Miss., 522. A new trial will not be granted on account of the admission of illegal evidence whfen it appears that there is no probability of a different result in another trial;…
1Opinion of the CourtSimrall, J.
The court, sua sponte, gave to the jury the following instruction in place of those respectively asked by the plaintiffs and defendants, viz:
“If the jury believe from the evidence that the cotton mentioned in the declaration was delivered to the defendants by the plaintiffs, in good order, and that the same was damaged while in the defendants’ possession, and such damage was the result of neglect or negligence, or for the want of reasonable and proper care, in protecting said cotton, the defendants are liable, and the jury will so find.”
The rule.which has been sanctioned in this court is,…
2Cases cited3 opinions
- Evans v. StateMississippi Supreme Court · 1870
- Holden v. BloxumMississippi Supreme Court · 1858
- Thompson v. GwynMississippi Supreme Court · 1872
3Cited by5 opinions
- Canterbury v. StateMississippi Supreme Court · 1907
- Boykin v. StateMississippi Supreme Court · 1905
- Pickett v. BoutwellMississippi Supreme Court · 1961
- Jones v. StateMississippi Supreme Court · 1953
- Masonite Corp. v. LochridgeMississippi Supreme Court · 1932