Silver v. Kent
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. MartiN Marshall, Esq., Special Judge, by agreement of parties, Hon. Warren Cowan being disqualified, because having been of counsel in the case. Lewis Kent sued D. H. Silver and T. W. Shields, as a company of common carriers engaged in the business of carrying freight by steamboat from St. Louis to New Orleans and intermediate points on the Mississippi River.
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Appeal from the Circuit Court of Warren County. MartiN Marshall, Esq., Special Judge, by agreement of parties, Hon. Warren Cowan being disqualified, because having been of counsel in the case. Lewis Kent sued D. H. Silver and T. W. Shields, as a company of common carriers engaged in the business of carrying freight by steamboat from St. Louis to New Orleans and intermediate points on the Mississippi River. The declaration alleged, “ that on the 24th of February, 1881, the defendants received at St. Louis, on board one of their boats, in their capacity as common carriers, for the…
1Opinion of the CourtCooper, J.
The declaration does not show that the defendants contracted to become responsible for any exceptional and special damages which the plaintiff would sustain by reason of the exceptional circumstances of his condition, nor that they knew of the existence of any facts which would increase the measure of his •damages beyond the ordinary standard. When damages of this character are claimed, it is necessary, at least, to set forth in the declaration the fact that the carrier had knowledge of the exceptional circumstances. Hadley v. Barendale, 9 Exch. 341; Vicksburg and Meridian R. Co. v. Ragsdale,…
2Cases cited1 opinion
- Landsberger v. Magnetic Telegraph Co.New York Supreme Court · 1860
3Cited by4 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- American Express Co. v. JenningsMississippi Supreme Court · 1905
- Hollingshed v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1911
- Hansley v. Jamesville & Washington RailroadSupreme Court of North Carolina · 1895