Howze v. New Orleans & Northeastern Railroad
Mississippi Supreme Court
Erom tbe circuit court of Lamar county. Hon. William H. Cook, Judge. Howze, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. Erom a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.
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Erom tbe circuit court of Lamar county. Hon. William H. Cook, Judge. Howze, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. Erom a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. The demand was for $150, the alleged value of a mule shipped with many others, by appellant over appellee’s line of railroad, • the initial carrier from New Orleans, Louisiana, to Columbia, Mississippi, a station on the Gulf & Ship Island Railroad Company’s line. The mules were transferred by…
1Opinion of the CourtMates, J.
If there is any merit in the contention that the railroad may make a valid stipulation in the contract of affreightment that no suit shall be maintained for damage, unless brought within six months after the cause of action accrues, the delay in handling this claim has operated as a waiver. We have upheld reasonable regulations of this nature, but different, in that it has been applied only to the time in which suit could be maintained after notification of damage. This case in its facts is unlike any' of the cases cited by appellee. In the case of I. C. R. Co. v. Davis & Levy (Miss.), 43…
2Cases cited3 opinions
- L., N. O. & T. Ry. Co. v. BiggerMississippi Supreme Court · 1889
- Sturges v. JacksonMississippi Supreme Court · 1906
- Illinois Central R. R. v. TeamsMississippi Supreme Court · 1897