Illinois Central Railroad v. Tronstine

Citations

• 64 Miss. 834

Syllabus

<p>1. Railroad Company. Action against as bailee. Loss of goods. Negligence. Instruction.</p> <p>In an action to recover damages for the loss of certain goods alleged to have been destroyed by fire while in the custody of the defendant, a railroad company, it is error for the court to instruct the jury that if the goods were delivered to the agent of the defendant at Jackson, to be carried over its road to Ilazlehurst whenever the plaintiff should order them to be shipped and they were burned before shipment, then it is incumbent on the defendant to show that they were burned without any fault on its part or that of its agents. If the defendant, upon the facts assumed in the instruction, was a gratuitous bailee, it was only liable for gross negligence, and if a bailee for hire, only for the neglect of reasonable and ordinary care.</p> <p>2. Same. Loss of goods received as bailee. When liability as common carrier attaches.</p> <p>If, in the case above referred to, the goods were delivered by the plaintiff to the baggage agent of the defendant at Jackson, to be shipped over its road to Ilazlehurst on the evening of the next day, unless the plaintiff should give directions to the contrary, and no directions were given within the period indicated, then the defendant thereafter held the goods under the duty of immediate shipment, and if they were burnt while so held the defendant is liable for the loss, if liable at all, as a common carrier.</p> <p>3. Same. Goods received by agent for accommodation. Liability of company for loss.</p> <p>But if such goods were delivered as baggage, and there was a regulation of the railroad company, known to the plaintiff', that baggage should be received only for immediate carriage, and the baggage agent took charge of such goods as a matter of accommodation to the plaintiff, without any direction as to their being shipped, then the defendant company is not liable for the loss .thereof as carrier or otherwise.</p> <p>4. Same. Action agai