E. Borneman & Co. v. New Orleans, M. & C. R.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; E. K. Skinner, Judge. Action by E. Borneman & Co. against the New Orleans, Mobile & Chicago Railroad Company. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtProvosty, J.
This suit is on bills of lading issued by the defendant company for the transportation of certain bales of cotton from Houston, Miss., to New Orleans. The defenses are that the bills of lading were issued in anticipation of the cotton being delivered for carriage, and that before delivery could be made the cotton was destroyed by fire in compress; and that, if delivery in the compress can be considered to have been delivery to defendant as carrier, still defendant is not liable because of a clause in the bill of lading exempting the defendant from liability in the event of the destruction of…
2Cases cited7 opinions
- Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
- Charnock v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
- Lehman, Stern & Co. v. Morgan's Louisiana & Texas R. & S. S. Co.Supreme Court of Louisiana · 1905
- National Rice Milling Co. v. New Orleans & N. E. R.Supreme Court of Louisiana · 1912
- Hill Mfg. Co. v. New Orleans, M. & O. R. R.Mississippi Supreme Court · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- American Railway Express Co. v. LeveeSupreme Court of the United States · 1923
- Alabama Power Co. v. BeamSupreme Court of Alabama · 1985
- American Cotton Co-Operative Ass'n v. New Orleans & Vicksburg Packet Co.Supreme Court of Louisiana · 1934
- Compania De Vapores Insco, S.A. v. Missouri Pacific Railroad CompanyCourt of Appeals for the Fifth Circuit · 1956
- Compania De Vapores Insco, S.A. v. Missouri Pacific RailroadCourt of Appeals for the Fifth Circuit · 1956
1 more not listed; retrieve them via the Exa API.