Vicksburg & Meridian R. R. v. Ragsdale

Citations

• 46 Miss. 458

Syllabus

<p>1. Common cabbiers — obligation or. — Where property is delivered to a carrier, the law implies a contract that it shall be delivered at the place of destination within a reasonable time. Nothing relieves from this obligation to deliver, except the act of God, the public enemy, the act or conduct of the owner, or a special agreement limiting the common-law duty.</p> <p>2. Same — same — seasonable time. — The law does not attempt to fix what is reasonable time. Each case must be referred to its own peculiar circumstances, having regard to mode of conveyance, nature of goods, season of the year, character of the weather, and the ordinary facilities for transportation, under the control of the carrier.</p> <p>3. Same —wbat will excuse delay. — Temporary interruptions or obstructions which could not, with ordinary prudence, be provid.ed against, excuse delay, but do not absolve from duty to carry and deliver as soon as it becomes practicable.</p> <p>4. Same — same. — If the company has a reasonable equipment for all ordinary purposes of business, and the delay is occasioned by an unusual press of business, but the carrying is done with reasonable expedition under the circumstances, the carrier is not responsible for the delay, nor will the carrier be responsible if delay occurred from an accident not amounting to an inevitable casualty, if due care and diligence have been exercised.</p> <p>5. Same —company not bound to incur extraordinary expense. — A carrier is not bound to incur extraordinary expense to procure a means specially to transport a particular article, if it has facilities for doing so ordinarily, and a contingency occurs which could not fairly be anticipated when the contract was made.</p> <p>6. Damages — pleading. — Such damages as may be presumed necessarily to result from the breach complained of need not be stated, but if other special damages are claimed, they must be stated.</p> <p>7. Measure oe damages por breach op contract. — The cardinal princ