Legal Opinion

Burkenroad Goldsmith Co. v. Illinois Cent. R.

Supreme Court of Louisiana

Decided October 18, 1915No. 21425PublishedCited by 3 opinions

Certiorari to Court of Appeal, Parish, of Orleans. Action by the Burkenroad Goldsmith Company, Limited, against the Illinois Central Railroad Company. A judgment for defendant was reversed by the Court of Appeal, and defendant applies for certiorari or writ of review.

1Opinion of the CourtLand, J.

The case is stated by the Court of Appeal as follows:

“Plaintiff represents that on April 26, 1912, it delivered unto defendant, at Memphis, 300-sacks of feed to be carried to Starks, La., and delivered to the Lutcher-Moore Turpentine Works, to whom the plaintiff agreed to sell said feed for the price of $568.95; that while in the possession of the defendant said feed was damaged, and when it arrived at Starks, on May 18, 1912, it was wet, hard, and lumpy, and unfit for use and worthless, in consequence whereof the said Lutcher-Moore Turpentine Works, consignees, refused to accept said feed or…

2Cases cited5 opinions

  1. Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
  2. Tarbell v. . Royal Exchange Shipping Co.New York Court of Appeals · 1888
  3. Silverman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Louisiana · 1899
  4. Scheu v. . BenedictNew York Court of Appeals · 1889
  5. W. T. Hull & Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895

3Cited by3 opinions

  1. Reed Oil Co. v. SmithSupreme Court of Georgia · 1922
  2. McGinley v. Union Pacific RailroadNebraska Supreme Court · 1935
  3. Burkenroad-Goldsmith Co. v. Illinois Central RailroadLouisiana Court of Appeal · 1915

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