Williams v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Claiborne County. Hon.. John M. Bush, Judge. Williams, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant. there. From a judgment in defendant’s favor, predicated of a peremptory instruction, plaintiff appealed to the supréme court.
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From the circuit court of Claiborne County. Hon.. John M. Bush, Judge. Williams, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant. there. From a judgment in defendant’s favor, predicated of a peremptory instruction, plaintiff appealed to the supréme court. The suit was by the owner of live stock for damages because of alleged injuries suffered while in transit; the bill of lading provided that the carrier should not be liable for su'ch damages, in any case, unless the owner made claim therefor in writing under oath within ten days after receiving the…
1Opinion of the CourtWhitfield, C. J.
Anderson, the attorney for the plaintiff in this case testified that he mailed the notice of the claim within ten days, and that it was not sworn to. The railroad company made no objection to this testimony, nor was any motion ever made to exclude it. The point was not made at all that the claim failed because of not having been sworn to within the ten days, until the court was asked to instruct the jury peremptorily to find for the defendant. The case originated in the court of a justice of the peace, where no pleadings in writing are required. Owing to this fact, and to the course pursued…
2Cases cited2 opinions
- Lasky v. Southern Express Co.Mississippi Supreme Court · 1908
- Illinois Central Railroad v. BogardMississippi Supreme Court · 1900