Merchants' Wharfboat Ass'n v. Heidingsfelder

Citations

• 64 Miss. 678

Syllabus

<p>1. Warehouseman. Delay in forwarding cotton. Assent of shipper. Notice of danger. Loss in warehouse.</p> <p>The assent of a shipper to a delay by a warehouseman in forwarding the cotton of the former to the place of its consignment, it being by reason of its surroundings subjected to unusual danger from lire, does not preclude the shipper from a recovery for its loss by fire while thus delayed, unless he knew of the danger to which it would be subjected by the delay.</p> <p>2. Same. Acquiescence of shipper in delay of shipment. Notice of danger. Liability for loss.</p> <p>But if such shipper knew of the peculiar danger to which the cotton would be subjected by the delay, and then failed to dissent, he cannot avoid the effect of his acquiescence by showing that his failure to dissent to the delay was due to the fact that on previous occasions he had dissented without avail, it not being shown that on such former occasions the cotton was surrounded by the same peculiar danger from fire.</p>