Spann v. Alabama & V. R.
Mississippi Supreme Court
Appeal from the circuit court of Bankin county. HoN. J. D. Carr, Judge. Suit by Hal Spann against the Alabama & Vicksburg Bailroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Bankin county. HoN. J. D. Carr, Judge. Suit by Hal Spann against the Alabama & Vicksburg Bailroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Appellee’s theory seems to be that, notwithstanding the piano was shown to have been delivered to the carrier in actual good order, the carrier is relieved from the burden of insurer by its showing that certain things did not happen, so far as its employees knew, to the piano while in transit. Being an insurer, a carrier cannot absolve itself from…
1Opinion of the CourtSykes, J.
Suit was originally filed in a justice of the peace court in Rankin county by Hal Spann, the appellant here, against the Alabama & Vicksburg Railroad Company for damages to a piano shipped from Meridian, Miss., to Pelahatchie, Miss. Plaintiff obtained judgment in the justice of the peace court, and the defendant appealed to the circuit court. The trial in the circuit court resulted in a verdict for the defendant upon which judgment was entered, and from which judgment this appeal is prosecuted.
The testimony of the plaintiff in the court below showed that the piano was wrapped in a clean, dry…
2Cases cited2 opinions
- Mobile & Ohio R. R. v. Tupelo Furniture Mfg. Co.Mississippi Supreme Court · 1889
- Southern Express Co. v. SeideMississippi Supreme Court · 1890
3Cited by2 opinions
- Illinois Central Railroad Co. v. Benoit Gin Co.Mississippi Supreme Court · 1971
- Southeastern Express Co. v. NamieMississippi Supreme Court · 1938