Mobile & Ohio R. R. v. Tupelo Furniture Mfg. Co.
Mississippi Supreme Court
Feom the circuit court of Lee county. Hon. Lock E. Houston, Judge. The car-load of machinery in question was shipped from Grand Rapids, Michigan, to Tupelo, Mississippi.
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Feom the circuit court of Lee county. Hon. Lock E. Houston, Judge. The car-load of machinery in question was shipped from Grand Rapids, Michigan, to Tupelo, Mississippi. The proof shows that the machinery was delivered in good order to the Chicago & Western Michigan R. R. Co. at the place of shipment, and after being carried over that and other lines, was received by the appellant, the Mobile & Ohio R. R. Co., at St. Louis, and by it was transported to Tupelo, Miss., its destination. When the machinery was delivered by the last-named company to the appellee it was found to be damaged, and…
1Opinion of the CourtCampbell, J.
The first and second instructions given for the. plaintiff are *38objectionable, but immaterial because not influential in determining the case, which is properly resolvable in view óf the facts by a resolution of the question; whether it devolved on the plaintiff to show that the damage to the property was done on the road of the defendant or on the defendant to show that it occurred before it received the goods for transportation. That is the only material question in the case.
We think the better reason and policy and the greater number of cases adjudged favor the rule to require the carrier…
2Cited by10 opinions
- Meredith v. RailroadSupreme Court of North Carolina · 1905
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- Mewborn v. . R. R.Supreme Court of North Carolina · 1915
- Produce Trading Co. v. Norfolk Southern RailroadSupreme Court of North Carolina · 1919
- Illinois Central R. v. WalkerMississippi Supreme Court · 1917
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