Chicago, St. Louis & New Orleans Railroad v. Moss
Mississippi Supreme Court
Appeal from the Circuit Court of Montgomery County. Hon. C. H. Campbell, Judge. Moss & Co. delivered to the Chicago, St. Louis & New Orleans Railroad Company forty-six bales of cotton to be transported by the latter from Winona, Miss., to New Orleans, La.
Read the full summary
Appeal from the Circuit Court of Montgomery County. Hon. C. H. Campbell, Judge. Moss & Co. delivered to the Chicago, St. Louis & New Orleans Railroad Company forty-six bales of cotton to be transported by the latter from Winona, Miss., to New Orleans, La. There was indorsed upon the receipt given Moss by the railroad company a contract in the following language: “In consideration of a reduction from the regular rate of freight on cotton, the shipper or consignor accepts this receipt with the special agreement or understanding that the carrier (the Chicago, St. Louis & New Orleans Railroad…
1Opinion of the CourtCoopek, J.
The question whether a common carrier may, by special ■contract, secure exemption from his common-law liability as insurer of goods where the loss or injury results from his own negligence, has been • differently answered by the courts of the different States. Those of New York, following the English decisions, hold that he may contract for immunity even as against the gross negligence of himself or servants. Smith v. C. R. R., 24 N. Y. 222 ; Magnin v. Dismore, 56 N. Y. 168 ; Mynard v. R. R., 7 Hun, 399.
In some of the States a distinction is drawn between gross *1011negligence, as to which…
2Cases cited18 opinions
- Clark v. BarnwellSupreme Court of the United States · 1852
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Transportation Company v. DownerSupreme Court of the United States · 1871
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Magnin v. . DinsmoreNew York Court of Appeals · 1874
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Mitchell v. . R. R.Supreme Court of North Carolina · 1899
- Mitchell v. Carolina Central RailroadSupreme Court of North Carolina · 1899
- Brennisen v. Pennsylvania RailroadSupreme Court of Minnesota · 1907
- Philadelphia, Baltimore & Washington Railroad v. DiffendalCourt of Appeals of Maryland · 1909
3 more not listed; retrieve them via the Exa API.