Southern Pacific Railroad v. A. J. Lyon & Co.
Mississippi Supreme Court
Appeal from the chancery court of Lauderdale county. Hon. Sam Whitman, Jr., Chancellor. Bill by A. J. Lyon & Company, against the Southern Pacific Railroad Company. Prom a decree for complainants, defendant appeals. The facts are fully stated in the opinion of the court. This is the first error of the trial court. A misconception of the former opinion of this court on the former appeal.
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Appeal from the chancery court of Lauderdale county. Hon. Sam Whitman, Jr., Chancellor. Bill by A. J. Lyon & Company, against the Southern Pacific Railroad Company. Prom a decree for complainants, defendant appeals. The facts are fully stated in the opinion of the court. This is the first error of the trial court. A misconception of the former opinion of this court on the former appeal. Having thus decided the liability of appellant, the court below proceeds to assess the damages. In this aspect of the case, we submit that there were two errors committed by the learned chancellor: First, the…
1Opinion of the CourtCo ok, J.
This case has been before this court upon an appeal from a decree overruling appellant’s demurrer to the bill of complaint, and the decisions of the court are reported in 99 Miss. 186, 54 So. 728, 34 L. R. A. (N. S.) 234, Ann. Cas. 19131), 800, and in 54 So. 784. This appeal is from a decree against appellant upon the merits.
It appears from the evidence that A. J. Lyon & Company were wholesale grocers and candy manufacturers, *783and as such bought a car load of fruit in California and delivered same to the Southern Pacific Railroad Company, appellant, to be transported over its and connecting…
2Cases cited2 opinions
- American Express Co. v. JenningsMississippi Supreme Court · 1905
- Southern Pacific Railroad v. LyonMississippi Supreme Court · 1911
3Cited by5 opinions
- New York, Philadelphia & Norfolk Railroad v. Peninsula Produce ExchangeSupreme Court of the United States · 1916
- Central of Georgia Railway Co. v. CouncilSupreme Court of Georgia · 1927
- Warley Fruit & Produce Co. v. Louisville & N. R.Alabama Court of Appeals · 1919
- New Orleans & N. E. R. v. J. H. Miner Saw Mfg. Co.Mississippi Supreme Court · 1918
- Yazoo & M. v. R. v. Clarksdale Coal & Grain Co.Mississippi Supreme Court · 1930