Southern Express Co. v. Rothenberg
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Bobert F. Cochran, Judge. Bothenberg and others, appellees, doing business under the firm name of Marks Bothenberg & Co., were plaintiffs in the court below 3 the express company, the appellant, was defendant there. From a judgment in plaintiffs’ favor defendant appealed to the supreme court.
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From the circuit court of Lauderdale county. Hon. Bobert F. Cochran, Judge. Bothenberg and others, appellees, doing business under the firm name of Marks Bothenberg & Co., were plaintiffs in the court below 3 the express company, the appellant, was defendant there. From a judgment in plaintiffs’ favor defendant appealed to the supreme court. The agreed statement of facts on which this case was tried is, in substance, as follows: Marks Bothenberg & Co. shipped a certain bill of goods from New York, consigning them to themselves at Meridian. The goods were delivered to the Adams Express…
1Opinion of the Court
Whiteield, O. J.,
delivered the opinion of the court.
The principles which make the action of the court below correct in this case have long been settled. The stipulations in the contract that the negligence of the railroad company could not be imputed to the express company, and that the liability of the express company should be only fifty dollars, no matter how great the value of the package lost, are both in plain violation of the public policy of this state. Telegraph Co. v. Wells, 82 Miss., 733 (35 South. Rep., 190); Hughes v. Pa. R. R. Co. (Pa.), 97 Am. St. Rep., 713, and note; Bank of…
2Cases cited2 opinions
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- Postal Telegraph & Cable Co. v. WellsMississippi Supreme Court · 1903
3Cited by1 opinion
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910