Illinois Central Railroad v. Langdon
Mississippi Supreme Court
From the circuit court of the second district of Yalobusha, county. Hon. Eugene Johnson, Judge. This is an action by W. R. Langdon against the Illinois Central Railroad Company for injury to a shipment of cattle made by him from Water Yalley, Miss., to New Orleans, La'. On the trial, the plaintiff, over defendant’s objection, introduced in evidence the accounts of sales of the cattle in New Orleans, and this is assigned for error.
Read the full summary
From the circuit court of the second district of Yalobusha, county. Hon. Eugene Johnson, Judge. This is an action by W. R. Langdon against the Illinois Central Railroad Company for injury to a shipment of cattle made by him from Water Yalley, Miss., to New Orleans, La'. On the trial, the plaintiff, over defendant’s objection, introduced in evidence the accounts of sales of the cattle in New Orleans, and this is assigned for error. A further statement of facts is found in the opinion. There was a verdict for plaintiff; motion for new trial overruled, and defendant appeals. The court should…
1Opinion of the CourtWoods, J.
The second assignment of error is well taken. The account of sales of the two car-loads of cattle, admitted over appellant’s objection, were incompetent. They were mere hearsay — the unsworn statements of an unknown person.
The fourth assignment is also maintainable. The verdict was not supported by proper evidence. It was found without evidence at all on a material point involved in the issue made up between the parties. By the terms of the contract of carriage between the parties, it is agreed that “should damage occur for which the company may be liable, the value at place and date of…
2Cited by2 opinions
- Pevey v. Alexander Pool Co., Inc.Mississippi Supreme Court · 1962
- Illinois Central Railroad v. BogardMississippi Supreme Court · 1900