Mobile & Ohio Railroad v. Weiner
Mississippi Supreme Court
Error to the circuit court of Lee county. Hon. B. B. Boone, Judge. The facts sufficiently appear in the opinion of the court.
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Error to the circuit court of Lee county. Hon. B. B. Boone, Judge. The facts sufficiently appear in the opinion of the court. The following is assigned for error: 1. Court erred in sustaining plaintiff’s demurrer to defendant’s pleas. 2. Court erred in overruling defendant’s motion, for a new trial. 1. Can a common carrier limit its common law liability by special contract, and the evidence a,nd consideration to establish and support such a contract? The liability of a common carrier may be distinguished into two classes. One is a liability for losses by neglect on the part of the carrier, or…
1Opinion of the CourtSimeall, J.
Samuel Weiner, the plaintiff, delivered on board the cars several bales of cotton to be transported by the Mobile and Ohio Railroad from Tupelo to Mobile. In the course of the transportation the cotton was destroyed by ñre. The plaintiff in his declaration placed his right of recovery, on the general duty of the defendant as a carrier of goods, to safely convey and deliver to the consignees.
The special pleas, in various forms of expression, allege an agreement in writing that the railroad company should not be liable for loss caused by ñre. Some of them aver, that the fire occurred without…
2Cases cited5 opinions
- Blossom v. . DoddNew York Court of Appeals · 1870
- Bissell v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Supervisors of Walworth County v. Village of WhitewaterWisconsin Supreme Court · 1863
- Farmers Bank v. Commercial BankOhio Supreme Court · 1840
3Cited by16 opinions
- State Ex Rel. Knox. v. Wyoming Mfg. Co.Mississippi Supreme Court · 1925
- Board of Supervisors of Clay County v. Board of Supervisors of Chickasaw CountyMississippi Supreme Court · 1886
- Chicago, St. Louis & New Orleans Railroad v. MossMississippi Supreme Court · 1883
- State Board of Education v. City of AberdeenMississippi Supreme Court · 1879
- French v. StateMississippi Supreme Court · 1876
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