Legal Opinion

American Ry. Exp. Co. v. Wright

Mississippi Supreme Court

Decided March 15, 1922No. 22338PublishedCited by 9 opinions

Appeal from circuit court of Sunflower county. Hon. S. E. Davis, Judge. Suit bv Mrs. Eulalie Wright against the American Railway Express Company. Judgment for the plaintiff, and the defendant appeals. The first question that naturally presents itself, is as to the authority of the agent to bind the company as bailee or otherwise for the care of the furs.

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Appeal from circuit court of Sunflower county. Hon. S. E. Davis, Judge. Suit bv Mrs. Eulalie Wright against the American Railway Express Company. Judgment for the plaintiff, and the defendant appeals. The first question that naturally presents itself, is as to the authority of the agent to bind the company as bailee or otherwise for the care of the furs. The declaration charges that the defendant was engaged in the business of a common carrier for hire in the state of Mississippi, carrying, for hire and reward, express packages tendered to it for carriage, by the public, and that in the…

1Opinion of the CourtSykes, J.

The appellee sued the appellant express company for actual and punitory damages growing out of the following state of facts as testified to by appellee (plaintiff) : On or about the 12th day of May, 1920, the appellee wished to send two packages by express over the line of the appellant company. She went to the office of this company in Shaw, Miss., and there found in charge of the office the wife of the agent of the express company, Avho was also an employee of the company. When she tendered the packages for shipment to this employee, she Avas told that it might be necessary for them to be…

2Cases cited5 opinions

  1. Richberger v. American Express Co.Mississippi Supreme Court · 1895
  2. Yazoo & Mississippi Valley Railroad v. MayMississippi Supreme Court · 1913
  3. Alsop v. Southern Express Co.Supreme Court of North Carolina · 1889
  4. Alabama & Vicksburg Railway Co. v. McAfeeMississippi Supreme Court · 1893
  5. Southern Express Co. v. FitznerMississippi Supreme Court · 1882

3Cited by9 opinions

  1. Appalachian Power Co. v. RobertsonSupreme Court of Virginia · 1925
  2. State v. Railway Express Agency, Inc.Supreme Court of Minnesota · 1941
  3. American Ry. Express Co. v. TaitSupreme Court of Alabama · 1924
  4. In Re Bangor & Aroostook Railroad Co.Supreme Judicial Court of Maine · 1963
  5. Wells v. Robinson Bros. Motor Co.Mississippi Supreme Court · 1929

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