Louisville & Nashville Railroad v. McDonald
Mississippi Supreme Court
McDonald, appellee, was plaintiff in tbe court below; the railroad company, appellant, was defendant there. The plaintiff recovered judgment in the court below against defendant for the loss of his schooner and cargo, caused by the failure of defendant to open its drawbridge after timely notice and signals given. The defendant’s motion for a new trial having been overruled, it was allowed sixty days within which to prepare and have authenticated a bill of exceptions.
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McDonald, appellee, was plaintiff in tbe court below; the railroad company, appellant, was defendant there. The plaintiff recovered judgment in the court below against defendant for the loss of his schooner and cargo, caused by the failure of defendant to open its drawbridge after timely notice and signals given. The defendant’s motion for a new trial having been overruled, it was allowed sixty days within which to prepare and have authenticated a bill of exceptions. Just before the expiration of the sixty days the circuit judge, in vacation, upon ex parte application and cause shown, made an…
1Opinion of the CourtTerral, J.
The schooner J. J. Clark, with her cargo, was wholly lost in consequence of the defendant’s negligence, as was alleged, in a storm, on September 7, 1900. She was on her voyage from New Orleans to the Mississippi coast towns, and in passing through the Rigolets into Lake Borgne she encountered a severe storm, which prevented her from proceeding on her voyage. From the morning to the afternoon of September 7th she lay one and one-half miles east of the drawbridge of the Louisville & Nashville Railroad Company at the Rigolets, and, fearing the worst, between 4 and 5 o’clock p.m. she lifted…
2Cited by4 opinions
- Commonwealth v. ShawellSupreme Court of Pennsylvania · 1937
- Sartin v. SnellSupreme Court of Kansas · 1912
- State ex rel. Baird v. AndersonSupreme Court of Kansas · 1923
- Chenault v. Adams Machine Co.Mississippi Supreme Court · 1910