Alabama & Vicksburg Railway Co. v. Brichetto
Mississippi Supreme Court
From the circuit court of the second/district of Hinds county. HoN. J. B. ChrismaN, Judge. Appeal from a judgment in favor of appellee. The opinion states the facts. 1. In view of the unforeseen emergency and the perishable nature of the freight, it was the duty of appellant to get them to market as speedily as possible. It could not be anticipated that the strike would be controlled, and it was likely to be extended to the other roads.
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From the circuit court of the second/district of Hinds county. HoN. J. B. ChrismaN, Judge. Appeal from a judgment in favor of appellee. The opinion states the facts. 1. In view of the unforeseen emergency and the perishable nature of the freight, it was the duty of appellant to get them to market as speedily as possible. It could not be anticipated that the strike would be controlled, and it was likely to be extended to the other roads. Only one way was left open to certainly get the vegetables promptly, to market, and that was adopted. Appellant exercised due care. The vis mag or' prevented…
1Opinion of the CourtWoods, J.
Appellant had a contract of carriage of the appellee’s vegetables from Edwards, in this state, to Cincinnati, O. On the freight reaching Meridian, where the goods were to be delivered to the Alabama Great Southern Railroad, called the connecting' line, but really a link in the same system of which the appellant was also a part, it was found to be impossible to forward the freight over that road, by reason of a strike on that one line, which strike only prevented transportation one day. It was-the duty of appellant, in this unforeseen emergency, to communicate with the shipper, if convenient,…
2Cited by1 opinion
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