Legal Opinion

Yazoo & Mississippi Valley Railroad v. Blum Co.

Mississippi Supreme Court

Decided April 15, 1906PublishedCited by 8 opinions

From the circuit court of Washington county. Hon. A. Mc’C. Kimbrough, Judge. The Blum Company, a corporation, the appellee, was plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor the ■defendant appealed to the supreme court.

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From the circuit court of Washington county. Hon. A. Mc’C. Kimbrough, Judge. The Blum Company, a corporation, the appellee, was plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor the ■defendant appealed to the supreme court. The declaration averred that the plaintiff at certain designated dates during the months of October and November, 1904, delivered to defendant railroad company certain bales of cotton for shipment from the points on its line of road where the deliveries were made to the plaintiff at Greenville,…

1Opinion of the CourtTruly, J.

There are several reasons why the demurrer to the special pleas of the appellant was properly sustained. The pleas admit that the delay in the handling and transportation of the appellee’s cotton and the damage sustained “resulted from defendant not being provided with sufficient equipment and facilities for the handling of this cotton with greater expedition than was used in handling it.” It is also manifest from the allegations of the special pleas that the appellant does not possess the “engines, cars, and other equipment necessary for the handling of freight over its line, ample and…

2Cases cited1 opinion

  1. Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872

3Cited by8 opinions

  1. Arkansas Power & Light Co. v. JohnsonSupreme Court of Arkansas · 1976
  2. Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
  3. Davis v. GrahamWyoming Supreme Court · 1924
  4. Mississippi Power & Light Co. v. GoosbyMississippi Supreme Court · 1939
  5. Yazoo & Mississippi Valley Railroad v. BlumMississippi Supreme Court · 1906

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