Burns v. Louisville & Nashville Railroad

Where a carrier fails to' deliver the goods at destination, or delivers them in bad order, section 2334 of the Civil Code confers jurisdiction of an action for the resulting damages on the courts of the county where the failure to deliver occurred (i. e. the county of the destination of the shipment), whether the action be ex contractu or ex delicto. If the action proceed ex delicto the carrier does not defeat the jurisdiction by showing that, physically considered, the loss or damage did not occur in the county where the delivery in good order should have been made. The failure to deliver at…