Searles v. Alabama & Vicksburg Railway Co.
Mississippi Supreme Court
From the circuit court of Warren county. Hon. J. D. G-illand, Judge. Action to recover for damages to three car-loads of oats shipped over defendant’s railroad from Vicksburg, Miss., on a through bill of lading, to Atlanta, Ga. The line of defendant’s road extends only to Meridian, Miss.', from which place the oats were carried over connecting lines, but in the same cars, and reached Atlanta with the original seals of the cars unbroken and their contents undisturbed.
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From the circuit court of Warren county. Hon. J. D. G-illand, Judge. Action to recover for damages to three car-loads of oats shipped over defendant’s railroad from Vicksburg, Miss., on a through bill of lading, to Atlanta, Ga. The line of defendant’s road extends only to Meridian, Miss.', from which place the oats were carried over connecting lines, but in the same cars, and reached Atlanta with the original seals of the cars unbroken and their contents undisturbed. But when unloaded, the oats were found to be damaged by water. The oats were received for shipment, one car-load on February 3,…
1Opinion of the CourtWoods, J.
On all the evidence submitted in the trial court, it cannot be safely affirmed that there was no disputed question of fact for a jury. The inquiry as to the railway company’s alleged negligence in shipping the grain in unsafe and unsuitable cars was met by the evidence of the car-inspector of appellee as to his universal habit, and the rules of the company touching the examination and sending out of all cars. This evidence, we agree with the court below, raised a presumption of the sufficiency of the cars used in making this particular shipment, and if no other evidence were to be found in…
2Cited by6 opinions
- Banks ex rel. Banks v. Sherwin-Williams Co.Mississippi Supreme Court · 2014
- St. Louis, Iron Mountain & Southern Railway Co. v. MarshallSupreme Court of Arkansas · 1905
- Dependable Abrasives, Inc. v. PierceMississippi Supreme Court · 2015
- Alabama & Vicksburg Railway Co. v. SearlesMississippi Supreme Court · 1894
- Bre'Annah Banks v. Sherwin-Williams CompanyMississippi Supreme Court · 2012
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