Legal Opinion

Hill Mfg. Co. v. New Orleans, M. & O. R. R.

Mississippi Supreme Court

Decided March 15, 1918PublishedCited by 7 opinions

Appeal from the circuit court of Chickasaw county. ' PIoN. J. -L. Bates, Judge. Suit by the Hill Manufacturing Company against the New Orleans, Mobile & Chicago Eailroad Company. From a judgment for the defendant, plaintiff appeals.

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Appeal from the circuit court of Chickasaw county. ' PIoN. J. -L. Bates, Judge. Suit by the Hill Manufacturing Company against the New Orleans, Mobile & Chicago Eailroad Company. From a judgment for the defendant, plaintiff appeals. The Hill Manufacturing Company, a corporation under the laws of the state of- Maine, filed suit against the New Orleans, Mobile & Chicago Eailroad Company in the first district of Chickasaw county, Miss., alleging that on the 27th day of January, 1912, the Newburger Cotton Company, being the owner of fifty bales of cotton weighing twenty-six thousand nine hundred…

1Opinion of the Court

Ethridge, J.,

delivered tlie opinion of the court.

(After stating the facts as above). Two questions, are presented for decision by this record. First: Was. the cotton delivered to the railroad company as a common carrier? Second: If it was delivered, was the-stipulation in the bill of lading that the railroad company would not be liable for the cotton in case of its. loss by fire binding on the shipper? The issuance of the-bill of lading carries the presumption that it was delivered to the common carrier. The test -by which to determine whether or not it was delivered to the carrier for…

2Cases cited11 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
  3. Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
  4. Great Northern Railway Co. v. O'ConnorSupreme Court of the United States · 1914
  5. George N. Pierce Co. v. Wells, Fargo & Co.Supreme Court of the United States · 1915

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3Cited by7 opinions

  1. Seven Networks, LLC v. Google LLCDistrict Court, E.D. Texas · 2018
  2. Illinois Central Railroad v. E. E. Moore, D/B/A E. E. Moore and CompanyCourt of Appeals for the Sixth Circuit · 1956
  3. Charles J. Webb & Sons, Inc. v. Central R. Co. of New JerseyCourt of Appeals for the Second Circuit · 1929
  4. E. Borneman & Co. v. New Orleans, M. & C. R.Supreme Court of Louisiana · 1919
  5. Adair v. Yazoo & M. v. R.Mississippi Supreme Court · 1926

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