Legal Opinion

Lehman, Stern & Co. v. Morgan's Louisiana & Texas R. & S. S. Co.

Supreme Court of Louisiana

Decided May 8, 1905No. 15,625PublishedCited by 25 opinions

Action by Lehman, Stern & Co., Limited, against Morgan’s Louisiana & Texas Railroad & Steamship Company. Judgment for defendant was affirmed by the Court of Appeal, and plaintiff applies for certiorari or writ of review.

1Opinion of the CourtLand, J.

Plaintiff sued to recover the sum of $140.24 damages by fire and water on 33 bales of cotton when delivered by defendant company to plaintiff, as consignee, under bills of lading, attached to the petition. The plaintiff did not allege that the damage was occasioned by negiigéneé on *9the part of the carrier, and the cause of action set forth was therefore the failure of the defendant company to deliver the cotton in good condition.

Defendant filed an exception of no cause of action, predicated on the absence of allegations of negligence.

This exception was tried and overruled, and thereupon the…

2Cases cited6 opinions

  1. Eugster & Co. v. Joseph West & Co.Supreme Court of Louisiana · 1883
  2. Brousseau v. Ship HudsonSupreme Court of Louisiana · 1856
  3. Maxwell v. Southern Pacific RailroadSupreme Court of Louisiana · 1895
  4. Darrall v. Southern Pacific Co.Supreme Court of Louisiana · 1895
  5. Cranwell v. Ship Fanny FosdickSupreme Court of Louisiana · 1860

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Cusimano v. New Orleans Public Service, Inc.Supreme Court of Louisiana · 1930
  2. Wallace v. Shreveport Rys. Co.Louisiana Court of Appeal · 1937
  3. State ex rel. Kendall v. ColeNevada Supreme Court · 1915
  4. Dejean v. Louisiana Western R. Co.Supreme Court of Louisiana · 1928
  5. J. D. Simms & Sons v. New Orleans & N. E. R.Supreme Court of Louisiana · 1908

20 more not listed; retrieve them via the Exa API.

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