Yazoo & Mississippi Valley Railroad v. Fisher Bros.
Mississippi Supreme Court
Appeal from the circuit court of Yazoo county. Hon. W. A. Henry, Judge. Suit by Fisher Bros, against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Yazoo county. Hon. W. A. Henry, Judge. Suit by Fisher Bros, against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Even if the defendant was not entitled to a peremptory instruction so far as the special damages claimed were concerned, grievous error was committed by the court iji giving the instructions asked in behalf of the plaintiffs. This is peculiarly true with regard to the first instruction. The court will note that plaintiffs had finally, after…
1Opinion of the CourtReed, J.
Appellees brought suit against appellant for damages sustained by reason of the'failure of appellant to furnish railroad cars after being duly requested. The first count was for the delayage charge of one dollar per day provided in rule 9 of the Mississippi Railroad Commission, fixed on June 8, 1904; the second count was for actual damages by reason of the delay in furnishing the cars. The fourth plea filed by appellant presented the defense that the railroad commission, in fixing the delay-age charge of one dollar per day on" each car not furnished, provided an exclusive remedy, and that no…
2Cases cited2 opinions
- American Express Co. v. JenningsMississippi Supreme Court · 1905
- Keystone Lumber Yard v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1910
3Cited by2 opinions
- Shell Petroleum Corp. v. YandellMississippi Supreme Court · 1935
- Callicott v. GreshamMississippi Supreme Court · 1964