Southern Pacific Railroad v. A. J. Lyon & Co.

Citations

• 107 Miss. 777
• 66 So. 209

Syllabus

<p>1. Carriers. Carriage of goods. Damages. Liability. Connecting carriers. Liability of initial carrier. Statute. Construction.</p> <p>Where goods were sold at a stipulated price, if they arrived on schedule time, but the carrier was not informed of this arrangement, and not arriving in time, the buyer refused to accept them and the owner was forced to resell them at the best price obtainable, the measure of damages was the difference between the market price of the goods at the time when they should have arrived and when they did arrive.</p> <p>2. Carriers. Connecting carriers. Liability of initial carrier. Statute. Construction.</p> <p>The Carmack Amendment to the Hepburn Act, approved June 29, A. D. 1906 (34 Stat. 593, U. S. Comp. St. Supp. 1911, page 1307) chapter 3591, section 7, pages 11, 12, declaring that every railroad company receiving property for transportation from one state to another shall issue a receipt therefor, and shall be liable for any loss caused to it by any carrier to which the property may be delivered or over whose line it may pass, makes the initial carrier liable for delay by a connecting carrier, although the bill of lading provides otherwise.</p>