Southern Railway Co. v. North State Cotton Co.
Mississippi Supreme Court
Appeal from the circuit court of Alcorn county. Hon. J. H. Mitchell, Judge. Suit by North State Cotton Company against the Southern Railway Company. From a judgment for plaintiff, defendant appeals.
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Appeal from the circuit court of Alcorn county. Hon. J. H. Mitchell, Judge. Suit by North State Cotton Company against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. Plaintiff sued defendant for the value of certain cotton shipped over defendant’s railroad from Corinth, Mississippi, to points in North Carolina, alleging that defendant had .issued its bill of lading covering said cotton ; said bill of lading being in favor of one Latham, and by Latham assigned to plaintiff. When said cotton was delivered to Latham, there was a large shortage in weights.-…
1Opinion of the CourtCook, J.
The facts of this case are, in all essential particulars, identical with the facts in St. Louis & S. F. R. Co. v. Woodruff Mills, 62 So. 171. This case, as well as the case cited, is controlled' by the Carmack amendment to the Interstate Commerce Act, and the decisions of the Supreme Court of the United States construing same. Section 4851, Code 1906, does not apply to interstate shipments, and the trial court erred in holding the contrary.
It follows that the judgment of the circuit court will be reversed, and judgment will be entered here for appellant, defendant below.
Reversed.
2Cases cited1 opinion
- St. Louis & San Francisco Railroad v. MillsMississippi Supreme Court · 1913