M. Lowenburg & Co. v. Jones
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. T. C. CatchiNGS, Special Judge, by agreement of the parties ; Hon. U. M. Young being disqualified.
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Error to the Circuit Court of Warren County. Hon. T. C. CatchiNGS, Special Judge, by agreement of the parties ; Hon. U. M. Young being disqualified. The case is stated in the opinion of the court. filed a brief, but it cannot be found by the clerk of the court; and although notified of its loss, and requested to furnish the reporter a statement of the points made and authorities cited by them, they have failed to do so. 1. The bill of lading, or contract of affreightment, in this case, is not in the record. The Vicksburg and Meridian Eail-road Company was only liable, therefore, for losses…
1Opinion of the CourtSimRAll, C. J.
The question on which the case seems to have turned, in the court below, was, whether the'defendants could not recoup in this action the value of the mule, against the demand for freight asserted against them.
The facts are these : Lowenburg & Co. shipped at St. Louis twenty-three mules, consigned to themselves at Vicksburg, ‘ ‘ on a through bill of lading.'” The animals were received by the Iron Mountain Eoad at St. Louis, and were transported over two connecting railroads, the last being the Vicksburg and Meridian Eoad. The agent of the latter road delivered twenty-two mules to the owners,…
2Cases cited5 opinions
- Root v. . the Great Western R.R. Co.New York Court of Appeals · 1871
- Perkins v. Portland, Saco & Portsmouth RailroadSupreme Judicial Court of Maine · 1859
- Bank of the Commonwealth v. . MudgettNew York Court of Appeals · 1871
- Sanderson v. LambertonSupreme Court of Pennsylvania · 1813
- Boyles v. Johnston's ExecutorsSupreme Court of Pennsylvania · 1813
3Cited by3 opinions
- Anaconda Aluminum Co. v. SharpMississippi Supreme Court · 1962
- J. Morco, Inc. v. Prentiss Manufacturing Co.District Court, S.D. Mississippi · 1987
- Pollard v. ThomasMississippi Supreme Court · 1883