Southern Express Co. v. Fitzner
Mississippi Supreme Court
Appeal from the Circuit Coirrt of Lincoln County. Hon. J. B. Chrisman, Judge. A can of tea shipped from New Orleans, Louisiana, to the appellee at Brookhaven, Mississippi, was broken, and he refused it and wrote to the consignor, who sent his letter with a complaint to the head officer of the express company at New Orleans. The officer forwarded the inquiry and letters to the route agent, who referred them to his subordinate, the agent at Brookhaven.
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Appeal from the Circuit Coirrt of Lincoln County. Hon. J. B. Chrisman, Judge. A can of tea shipped from New Orleans, Louisiana, to the appellee at Brookhaven, Mississippi, was broken, and he refused it and wrote to the consignor, who sent his letter with a complaint to the head officer of the express company at New Orleans. The officer forwarded the inquiry and letters to the route agent, who referred them to his subordinate, the agent at Brookhaven. This agent reported to the company that the can was broken when received by him, and thus the matter rested; but his son, E. B. Perkins, who…
1Opinion of the CourtCoopek, J.
The verdict as against the appellant, E. B. Perkins, is correct, and there is no error of law appearing in the record of which he can complain.
Conceding that E. B. Perkins was the agent of the express company at Brookhaven, at the time when the libellous letter was written by him, and taking the testimony as to his duty and authority to act for the company in its most favorable phase for the appellee, no facts were shown, from which the jury could infer express or implied authority on his part to act for the company in the business. So far as is shown by the testimony, he had no authority…
2Cited by8 opinions
- Richberger v. American Express Co.Mississippi Supreme Court · 1895
- Choctaw Coal & Mining Co. v. LillichSupreme Court of Alabama · 1920
- American Ry. Exp. Co. v. WrightMississippi Supreme Court · 1922
- Hand v. Industrial Life & Health Ins.Mississippi Supreme Court · 1936
- Connell v. A. C. L. Haase & Sons Fish Co.Supreme Court of Missouri · 1923
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