Yazoo & M. V. R. v. Jacobson

Citations

• 112 Miss. 158
• 72 So. 889

Syllabus

<p>1. CakRiers. Special damages. Notice to carriers.</p> <p>Where a cotton buyer of limited means and credit had purchased forty-seven bales of cotton to fulfill his contract for future delivery of one hundred bales, when he shipped the forty-seven bales, informed the railroad agent that he was loaded up with one hundred and fifty bales on hand and that if he did not get the forty-seven bales shipped through immediately he would be blocked from doing any further business; this was not sufficient notice to the railroad company to warrant his recovery against it for delay in delivery, special damages on account of the suspension of his business for twenty days for want of finances and credit, because of his inability to move out the cotton he had on hand his line of credit being exhausted.</p> <p>2. Sam®.</p> <p>In order to recover special damages from a carrier for delay in shipment, it ought to clearly and certainly appear that at the time of the making of the contract of shipment, the railroad company had reasonable notice of the special circumstances rendering such damages the natural and probable result of the delay in the delivery of the shipment.</p>