American Express Co. v. Burke
Mississippi Supreme Court
Appeal from the circuit court of Yazoo county. Hon. W. A. Henry, Judge. Suit by Burke & McGuire against the American Express 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 Burke & McGuire against the American Express Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Plaintiff’s third instruction was as follows: “The court instructs the jury that the stipulation in the express receipt that the defendant’s liability is limited to fifty dollars is inoperative in this case and must be disregarded. ’ ’ The express receipt in its original form is.filed with the record in this case. It is the usual receipt. The court can…
1Opinion of the CourtHeed, J.
Burke & McGuire delivered to the American Express Company for shipment a part of a printing press, consist*285ing of a crooked casting, called an arm. It seems that the arm was broken, and that it was necessary to obtain a new one in order to run the press. It was shipped from Yazoo City to C. B. Cottrell & Sons Company, at Westerly, R. I. It was to be used as a model in the manufacture of a new arm. The express company failed to deliver it. This was ascertained when Burke & McGuire asked Cottrell & Sons Company about the return of the new article. Burke & McGuire then notified the express…
2Cases cited3 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Chicago, Burlington & Quincy Railway Co. v. MillerSupreme Court of the United States · 1913
- Jones v. Southern Express Co.Mississippi Supreme Court · 1913
3Cited by4 opinions
- Zoller Hop Co. v. Southern Pac. Co.Oregon Supreme Court · 1914
- Yazoo & M. V. R. v. AllenMississippi Supreme Court · 1913
- Adams Express Co. v. AllenSupreme Court of Virginia · 1919
- Illinois Cent. R. v. McSwainMississippi Supreme Court · 1914