Illinois Central Railroad v. Tronstine
Mississippi Supreme Court
Appeal from the Circuit Court of Lincoln County. HoN. J. B. ChrismaN, Judge. ■ This action was brought by A. & J. Tronstine & Co. against the Illinois Central Railroad Company to recover damages for the loss of certain trunks and their contents, which belonged to the plaintiffs and which were destroyed by fire while in the defendant’s baggage-room in the city of Jackson in Mississippi.
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Appeal from the Circuit Court of Lincoln County. HoN. J. B. ChrismaN, Judge. ■ This action was brought by A. & J. Tronstine & Co. against the Illinois Central Railroad Company to recover damages for the loss of certain trunks and their contents, which belonged to the plaintiffs and which were destroyed by fire while in the defendant’s baggage-room in the city of Jackson in Mississippi. The declaration contained five counts, the first and fifth charging the defendant as a common carrier, while the second, third, and fourth charge it as bailee. The defendant plead non assumpsit and not guilty.…
1Opinion of the CourtArnold, J.
Too much importance has been attached to the countin the declaration charging appellant as warehouseman.
The second instruction for appellees, to the effect, that if the goods were delivered to the agent of appellant to be carried over its road to Hazlehurst, whenever Bowen should order them to be shipped, and they were burned before shipment, then it was incumbent on appellant to show that they were burned, without any fault on its part or that of its agents, should not have been given. Under the facts assumed by this instruction, a higher degree of proof and care, was imposed on appellant…
2Cases cited2 opinions
- Barron v. EldredgeMassachusetts Supreme Judicial Court · 1868
- Curtis v. Avon, Geneseo & Mount Morris RailroadNew York Supreme Court · 1867
3Cited by5 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Havens v. R.I. Suburban Railway CompanySupreme Court of Rhode Island · 1904
- Saffa v. Ill. Cent. R.R. Co.Missouri Court of Appeals · 1926
- Saffa v. Illinois Central RailroadMissouri Court of Appeals · 1926
- United Fruit Co. v. New York & Baltimore Transportation Co.Baltimore City Superior Court · 1906