Zeigler v. Mobile & Ohio Railroad
Mississippi Supreme Court
From the circuit court of Monroe county. How. Eugene 0. Syices, Judge. Zeigler and another, appellants, doing business under the co-partnership name of Zeigler Brothers, were plaintiffs in the court below, and the railroad company, appellee, was defendant there. From a judgment in defendant’s favor the plaintiffs appealed to the supreme court. The facts are stated in the opinion of the court.
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From the circuit court of Monroe county. How. Eugene 0. Syices, Judge. Zeigler and another, appellants, doing business under the co-partnership name of Zeigler Brothers, were plaintiffs in the court below, and the railroad company, appellee, was defendant there. From a judgment in defendant’s favor the plaintiffs appealed to the supreme court. The facts are stated in the opinion of the court. The burden was upon the railroad company to exculpate itself from the negligence; and the failure to deliver the baggage is negligence prima facie. Newberger v. Railroad Go., 75 Miss., 303 (s.c., 23…
1Opinion of the CourtTruly, J.
At the conclusion of the testimony on behalf of the appellants, the appellee moved the court for a peremptory instruction, because the plaintiffs had failed to make out their case and because the appellee was “not liable for the loss of this trunk, as plaintiffs’ agent had failed to call for the trunk immediately on arriving at Okolona.” This was granted, and plaintiffs appealed.
The facts giving rise to this litigation are as follows: Zeigler Brothers are merchants. W. B. Smythe is their traveling representative and salesman, carrying a large trunk of samples, the property of his principals.…
2Cited by1 opinion
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