Legal Opinion

Yazoo & M. V. R. v. Zemurray

Court of Appeals for the Fifth Circuit

Decided January 16, 1917No. 2909PublishedCited by 21 opinions

In Error,to the District Court of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. Action by the Yazoo & Mississippi Valley Railroad Company against Samuel Zemurray. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

PARDEE, Circuit Judge.

[1] The facts of this case and the reasons for judgment in the District Court are fully stated in the opinion of the court overruling the motion for a fiew trial, as follows:

“In this case the plaintiff sues for $36 freight on a shipment from New Orleans, La., to Natchez, Miss. The jury was waived, and the case tried in. open court on the pleadings, admissions of counsel, and some evidence. The facts .are not in dispute, anjl are as follows: Zemurray sold a carload of ripe bananas to A. Pegano at Natchez, Miss., terms f. o. b. New Orleans, La., but before shipping them…

2Cited by21 opinions

  1. Wells Fargo & Co. v. CuneoDistrict Court, S.D. New York · 1917
  2. Cleveland C., C. & St. L. Ry. Co. v. Southern Coal & Coke Co.Tennessee Supreme Court · 1922
  3. New York Central Railroad v. Frank H. Buck Co.California Supreme Court · 1935
  4. Fishman v. MarcouseDistrict Court, E.D. Pennsylvania · 1940
  5. Bush v. Keystone Driller Co.Missouri Court of Appeals · 1917

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