Mobile, J. & K. C. R. v. J. T. Phillips & Co.
Citations
- 103 Miss. 536
- 60 So. 572
Syllabus
<p>1. Railroads. Contributory negligence of owners. Loss of shipment. Liability of connecting carriers. Evidence.</p> <p>■ If the omission of duty or the fraudulent representation of the agent of the shipper, mislead the carrier, and cause it to omit such precautions as were necessary .to the safe transportation and delivery of a package, the owner must hear the burden of its agent’s fraud or negligence.</p> <p>2. Same.</p> <p>But whefe it appears that the misrepresentation of the shipper or its agent could not have misled the carrier to its prejudice by causing it to omit such precautions as were necessary to thé safe transportation of the shipment then this rule does not appiy.</p> <p>3. Carriers. Loss of shipment. Connecting carrier. Evidence.</p> <p>A connecting carrier in a suit for goods lost in transportation is not liable where it is not shown that the goods were delivered to it by the initial carrier.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the fact the husband conveyed land to his wife “does not constitute an abandonment of the homestead character with which the land was imbued.”
- “It is elementary that: ’A person cannot at the same time have two homesteads, nor can he have two places, either of which at his election he may claim as his homestead.’
Source: CourtListener parenthetical corpus (CC0).
Judges: Cook
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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