Yazoo &. M. V. R. R. v. Crawford

Citations

• 107 Miss. 355
• 65 So. 462

Syllabus

<p>1. Carriers. Carriage of goods. Duties. Monopolies. Contracts in restraint of trade. Validity. Loading privileges. Loading facilities. Action. Recovery.</p> <p>There is no legal obligation resting upon railroads as common carriers to furnish their cars, engines, and crews to individuals carrying on a log loading business, or to receive logs to be loaded on its cars along the right of way between stations.</p> <p>2. Monopolies. Contracts in restraint of trade. Validity.</p> <p>Since a railroad company is not bound to furnish facilities for the loading of logs between stations, it may, where it had permitted the loading of.logs at such points, undertake the business itself, to the exclusion of all others and having this right it could employ another to do that which it could itself lawfully do, and such would not constitute an illegal monopoly.</p> <p>3. Same.</p> <p>Our anti-trust statute was only intended to embrace within its . provisions those contracts in restraint of trade, which were invalid as against public policy before the enactment of the statute.</p> <p>4. Railroads. Licenses for loading privileges.</p> <p>Because a railroad company had for a long time allowed private individuals the privilege of loading at points between its stations and plaintiff had built up a profitable business under that arrangement, does not give plaintiff any right to insist that the. privilege be continued and he cannot object that the railroad company thereafter gave another the exclusive license to load logs between stations, since a repetition of favors for accommodation cannot constitute a foundation for a valid claim to their enjoyment as a right.</p> <p>5. Carriers. Carriage of goods. Loading facilities. Principal and agent.</p> <p>Where a common carrier of logs gave another the exclusive privilege to load logs at all points on its line, such third person became thereby the carrier’s agent, and the carrier is liable to a shipper of logs for the loader’s failure to prompt