Mobile, Jackson & Kansas City R. R. v. Hitt
Mississippi Supreme Court
Appeal from the circuit court of Hnion county. Hon. W. A. Boane, Judge. Suit by Hitt & Butherford against the M. J. & K. C. B. B. Co. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Hnion county. Hon. W. A. Boane, Judge. Suit by Hitt & Butherford against the M. J. & K. C. B. B. Co. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. As the original declaration was against two carriers having connecting lines, for a demand of practically three hundred and thirty dollars, and one was settled with and eliminated, the action should have been dismissed as to the other carrier; the demand being actually less, than two hundred dollars. The pleadings when honestly made determine the question…
1Opinion of the Court
Mayes, O. J.,
delivered the opinion of the court.
This suit was instituted in the circuit court of Union county. The first declaration filed by appellees was jointly against the Mobile, Jackson & Kansas City Railroad Company and the St. Louis & San Francisco Railroad Company. The purpose of the suit was to recover the sum of three hundred twenty-nine dollars and twenty cents claimed as damage to cotton belonging to appellees and occasioned by the failure of the two railroads to transport and deliver certain shipments of cotton made by them from Ingomar to Memphis over the lines above,…
2Cases cited3 opinions
- Fenn v. HarringtonMississippi Supreme Court · 1877
- Griffin v. McDanielMississippi Supreme Court · 1885
- Ross v. Natchez, Jackson & Columbus RailroadMississippi Supreme Court · 1883
3Cited by6 opinions
- Catchot v. RussellMississippi Supreme Court · 1931
- Andy Turner Arant, Jr. v. Jerry Lee Hubbard, Jr.Mississippi Supreme Court · 1999
- Arant v. HubbardMississippi Supreme Court · 2002
- Board of Sup'rs v. WardenMississippi Supreme Court · 1917
- Penrod Drilling Co. v. BoundsMississippi Supreme Court · 1983
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