American Ry. Express Co. v. Pitts

Citations

• 128 Miss. 875
• 91 So. 570

Syllabus

<p>1. CakRiebs. Express company which failed to make delivery or return shipment within reasonable time liable for depreciation in value caused by its negligence.</p> <p>Where a shipper delivered an express company two bales of hides with shipping tag to return in five days unless delivered, and fails to make delivery or to return shipment for an unreasonable time, and by reason of its negligence the shipment becomes practically valueless, it is liable to the shipper for the depreciation in value caused by its negligence.</p> <p>2. Carriers. Carrier, having elected to keep goods until opening of market for such goods, liable to shipper for value of shipment.</p> <p>In such, case, where, owing to the delay, the market has closed for the season, and in view of such fact the express company elects to keep the goods until the market opens again for such commodity, it becomes liable for the value of the shipment and cannot thereafter force the shipper to accept and dispose of the shipment as a condition of recovering from the carrier.</p>