Chas. W. Shepherd Cotton Co. v. New Orleans, Mobile & Chicago R.

Citations

• 118 Miss. 464
• 78 So. 193

Syllabus

<p>1. Carriers. Liability of warehouseman. Goods awaiting transportation.</p> <p>Where a carrier , gave a bill of lading showing that the cotton received by it was to be compressed at- the owner’s risk and expense, the court held that under the facts shown in the record the delivery of the cotton was not to the railroad company in its capacity as common carriers, but that it was a .delivery to the railroad company in its capacity as warehouseman.</p> <p>2. Caseikrs. Liability of warehouseman. Acts and omissions constituting negligence.</p> <p>Where cotton was received by a carrier under a bill of lading, and placed with a compress company for preparation for shipment, and was burned, by reason, and by means of sparks originating from one of the chimneys of one of the houses of the carrier situated upon its right of way in close proximity to the cotton, and the chimneys were not properly constructed and equipped to prevent sparks from flying out and being blown some distance by wind, and as situated, and used was a source of danger to the property situated in the compress.' In such case the carrier was negligent in the storing of this cotton or rather in having a source of fire too close to its warehouse and was liable to the shipper as warehouseman for the cotton burned.</p> <p>3. Cabecees. Loss of goods. Negligent acts of servants.</p> <p>Where a carrier issues bills of lading to a shipper in return for receipts given by a compress company for cotton in the latter’s custody, it is liable for the loss by fire due to the negligence of the servants of the compress company in caring for the cotton while awaiting compression and loading which the railroad company had ordered done for its own convenience, and at its own cost, where Such company, if it did not regard the presentation of the receipts as a tender of the cotton, or if it were not a valid tender, could have refused to issue and sign. the bills of lading.</p> <p>4. Same.</p> <p>In such case the railroad compan