Legal Opinion

Louisville & N. R. v. Joullian

Mississippi Supreme Court

Decided October 15, 1917Published

Appeal from tbe circuit court of Harrison county. Hon. J. H. Neville, Judge. Suit by J. F. Joullian, against tbe Louisville & Nashville Eailroad 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 tbe circuit court of Harrison county. Hon. J. H. Neville, Judge. Suit by J. F. Joullian, against tbe Louisville & Nashville Eailroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The evidence shows, without contradiction, that the appellant’s servants used every means within its reach, and as well as its best skill and material and labor available for the purpose of getting the vessel off of the track without injury to it, and during this whole time appellee and his father, who were familiar with the handling of…

1Opinion of the CourtStevens, J.

While there are two cases, and a separate appeal in each, both will be disposed of in one opinion. The testimony in the two cases is slightly different, but the same legal principle controls the disposition of both appeals.

In September, 1915, a storm of great violence swept the Gulf Coast. During this storm two schooners belonging to the appellee, Mr. Joullian, were dragged from a certain canning factory of appellee across the marshes until they struck and were deposited upon the railroad of the appellant The schooner Two Sons, the value of which is sued for in cause No. 19,730, was carried a…

2Cases cited2 opinions

  1. McKeesport Sawmill Co. v. Pennsylvania Co.U.S. Circuit Court for the District of Western Pennsylvania · 1903
  2. Postal Telegraph & Cable Co. v. Gulf & S. I. R. R.Mississippi Supreme Court · 1915

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