Alabama & Vicksburg Railway Co. v. Sparks

Citations

• 71 Miss. 757

Syllabus

<p>1. Supreme Court. New point. Objection as to value.</p> <p>In an action against a carrier for injury to animals transported, an objection by defendant to a verdict, on the ground that the value at the pi ace of shipment, as stipulated in the contract, was not shown, cannot be made for the first time in the supreme court.</p> <p>2. Railroads. Shipment of animals. Loading long before departure of train.</p> <p>A railroad company, as a common carrier, is under duty to transact its business in a reasonable and ordinary manner. A course of business, by such carrier, under which a shipper is required to place horses in a car, there to remain for twelve hours before the departure of the train having a fixed schedule, is neither reasonable nor lawful.</p> <p>3. Same. Delay. Contract limiting liability. Insufficient force.</p> <p>In such case, the carrier is liable for injuiy to the horses in transit, caused by thus loading them in the car an unreasonable time before the departure of the train, although the contract expressly exempts it from liability for injury caused by mere delay, and although the defendant had no night switch-engine or crew to take the car out earlier for shipment after the loading.</p>