Jordon v. Gulp & Ship Island Railroad

Citations

• 102 Miss. 21
• 58 So. 595

Syllabus

<p>1. Carriers. Injuries to live stock. Actions. Proximate cause. Persons entitled to sue. Cause of injury. Burden of proof.</p> <p>Where plaintiff bad bought cattle ou a credit and bad them shipped over a railroad, to .himself as consignee, in a suit by him against the railroad company for damages to the cattle while in transit, it was' error to allow the defendant company to show that the purchase price of the cattle had not been paid for by the plaintiff.</p> <p>2. Carriers. Injuries to live stock. Actions. Proximate cause.</p> <p>In a suit against a carrier for damage to cattle injured while being shipped over its road, it was error for the court to instruct the jury, to find for the defendant carrier unless they should believe that its negligence was the sole cause of the injury.</p> <p>3. Same.</p> <p>The true rule in such case is that if the negligence of the carrier was the efficient cause of the injury, the court will not speculate as to whether or not some other cause might also' have produced it.</p> <p>4. Carriers. Injuries to live stock. Entitled, to sue.</p> <p>Where a party has a claim against a carrier for injury to live stock caused hy the negligence of the carrier, the fact that he afterwards sells the stock, but not his claim for damages,, will not prevent his recovery on such claim.</p> <p>5. Injury to Live Stock. Instructions. Cause of injury.</p> <p>In a suit against a carrier for the death of live stock while being carried on defendant’s road, an instruction for the defendant that if the jury believe that one or more of the oxen were injured while being carried to their destination, and that such injuries were proximately caused by the physical condition of such oxen at the time they were delivered to the railroad for shipment, without any negligence on the part of defendant, they should find for the defendant, is erroneous as prohibiting a recovery for any of the other cattle, if only one or more of them were injured on account of their physi