Legal Opinion

Powell v. Mills

Mississippi Supreme Court

Decided December 15, 1855PublishedCited by 2 opinions

IN error from the Circuit Court of Monroe county. Hon. William L. Harris, judge. On the 17th day of January, 1852, the defendant in error, John F. Mills, sued the plaintiffs in error, as proprietors of a stage, for one thousand dollars, for damages sustained by plaintiff, by reason of two packages of goods delivered to defendant, in Alabama, to be carried to Aberdeen, Mississippi, being submerged in a river on the route. ' The first count was against the defendants, as…

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IN error from the Circuit Court of Monroe county. Hon. William L. Harris, judge. On the 17th day of January, 1852, the defendant in error, John F. Mills, sued the plaintiffs in error, as proprietors of a stage, for one thousand dollars, for damages sustained by plaintiff, by reason of two packages of goods delivered to defendant, in Alabama, to be carried to Aberdeen, Mississippi, being submerged in a river on the route. ' The first count was against the defendants, as common carriers of goods and merchandise; and the second count against them as proprietors of a stage-coach, running from…

1Opinion of the CourtFlSHER, J.

This is a writ of error to a judgment of the Circuit Court of Monroe county.

The defendants below received on their stage-coach, at Tuscum-bia, two trunks, containing valuable goods, to be delivered to the plaintiffs, at the town of Aberdeen, for which the defendants received wages, according to their customary rates of charging. The goods, while on the coach, were damaged, so that they became worthless to the plaintiffs.

It appears, while crossing a certain ferry, the horses becoming frightened, ran with the coach out of the boat into the river, when the goods, consisting of valuable silks,…

2Cited by2 opinions

  1. The Home Insurance Company v. Thomas H. Riddell, Jr., and Charles F. RiddellCourt of Appeals for the Fifth Circuit · 1958
  2. Powell v. MillsMississippi Supreme Court · 1859

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