Howze v. New Orleans & Northeastern Railroad

Citations

• 91 Miss. 695
• 45 So. 837

Syllabus

<p>1. Railroads. Gamers. Contract for carriage of live stock. Time to sue. Contractual limitation. Waiver.</p> <p>A carrier may waive a provision in a contract for the carriage of live stock, providing that a suit should not he maintained for damages resulting from its breach unless begun within six months after the arrival of the cause of action.</p> <p>2. Same. Facts showing waiver.</p> <p>The defendant carrier waived the provision in its contract of affreightment exempting it from suit after six months from the accrual of the cause of action, where, after receiving from the delivering carrier plaintiff’s demand for damages, it remained silent four months and twenty-seven days before advising the delivering carrier that it rejected the demand and thereafter neglected for six days to own receipt of a letter from plaintiff’s attorney touching the claim and then answered only that the demand had been returned to the delivering carrier.</p>