Alabama & Vicksburg Railway Co. v. Pounder

Citations

• 82 Miss. 568

Syllabus

<p>1. Common Carrier. Delci/y in shipment. Pleading. Negligence.</p> <p>A declaration against a common carrier charging an unreasonable and negligent delay in the shipment of freight, describing the freight and the points from and to which and the persons by and to whom the shipment was made, is not demurrable for a failure to state the facts of which the charge of negligence is predicated!.</p> <p>2. Same. Delay in shipment. Notice of arrival.</p> <p>If a carrier, being under duty by universal and well understood custom to notify the consignee of the arrival of freight at the point to which it has been shipped, negligently delay giving such notice, it will be liable as for a delay in the shipment.</p> <p>3. Same. Consignee's representatives. Demand. Wrong car.</p> <p>A carrier, under duty by custom to give notice of the arrival of freight, having knowledge that the consignee has a local agent and business representative at the point to' which the goods had! been shipped and received and who had repeatedly called therefor, is negligent if it fail to notify such representative of the arrival of the goods, although the agent called for the freight by the wrong car number, if the freight to the knowledge .of the carrier had been transferred en route to a car of another number.</p> <p>4. Same. Variance. Appellate practice.</p> <p>In an action against a carrier by a consignee-for the difference between what the plaintiff would have sold the goods for upon prompt delivery and what he was compelled to sell them for after delayed delivery, a variance between the declaration and the proof as to the name of the purchaser of the goods cannot be availed of for the first time in the supreme court.</p>