Parish & Co. v. Yazoo & Mississippi Valley Railroad

Citations

• 103 Miss. 288
• 60 So. 322

Syllabus

<p>1. Evidence. Market value. Carriers. Delay of freight. Measure of damages. Statute of fraud. Failure to furnish cars. Excuse.</p> <p>The “market value” of a commodity, in its last analysis means the price which it will bring in cash from the buyer who is willing to pay its value, and the fact that staple cotton is not quoted upon cotton exchanges does not prevent it from having a market value, which can be shown in an action for damages.</p> <p>2. Carriers. Delay of shipment. Measure of damages.</p> <p>Where a carrier by negligently delaying the shipment of cotton caused the loss of the sale of the cotton, the actual loss to the consignor is the measure of damages in a suit by him against the carrier.</p> <p>3. Same.</p> <p>In such case the fact that there was no written contract between the seller and the buyer of the cotton, cannot be availed of by the carrier to avoid liability for its negligence as the .pleading of the statute of frauds was a privilege personal to the purchaser.</p> <p>4. CarkiebsI Failure to furnish cars. Delay. Excuse.</p> <p>A delay of six days by a carrier to furnish cars for the shipment of goods is not excused by the fact that the city had dug a ditch three or four feet wide and six to eight feet deep under its spur track, it not being shown that the railroad could not have easily braced its tracks.</p>