Gardner v. New Orleans & Northeastern Railroad

Citations

• 78 Miss. 640

Syllabus

<p>1. Supreme- Court. Transcript. Jurisdiction. Dismissal of appeal. Stenographer’s notes. Recitals.</p> <p>Where the record of a case at law does not show an appeal from a justice court to the circuit court, and the sum demanded be less than $300, the supreme court will, of its own motion, dismiss the appeal to it for want of jurisdiction, although the stenographer’s notes recite that the ease was appealed to the circuit court from a justice court.</p> <p>3. Same. Submission. Remand to docket. Certiorari.</p> <p>After the submission of such a case, the supreme court will remand it to the docket and award a certiorari to perfect the record only-on condition that the appellant pay all costs of the appeal.</p> <p>3. Carriers. Railroads. Damages to freight. Peremptory instruction.</p> <p>In a suit against a railroad for damages to hardware, if it appear that the only damage was caused by water, the roof of the car leaky and heavy rains fell on it while the goods were in the custody of the company, a peremptory instruction for the defendant should not be given.</p> <p>4. Same. Bill of ladino. Recitals. Evidence.</p> <p>Recitals in a bill of lading that the goods were received in good condition are prima facie evidence of the fact.</p>