Yazoo & Mississippi Valley Railroad v. Christmas

Citations

• 89 Miss. 686
• 42 So. 169

Syllabus

<p>1. Carriers of Goods. Delay in shipment. Damages.</p> <p>Where, having been billed by mistake of the initial carrier to the wrong destination on a connecting line, goods were returned to the correct destination, but the connecting carrier refused to deliver them to the consignee unless paid its charges for the extra haul, and the consignee, refusing to pay the same thereby causing further delay, sued the original carrier, the measure of his damages was the value of the use of the goods during the first delay and necessary expenses incurred in informing the defendant of the non-receipt of the goods, excluding the expense of trying to locate them after giving the first notice and the costs of securing an adjustment whereby the goods were released without the payment of the extra freight.</p> <p>2. Same. Action. Instructions.</p> <p>In an action against a carrier for damages resulting from delay in the delivery of goods, caused by a mere mistake in billing the same, it is erroneous to instruct the jury to assess damages in ease of unreasonable delay, without any direction as to the rule by which the damages should be assessed.</p> <p>S. Same. Punitive damages.</p> <p>Mistake of a carrier’s clerk in billing goods to the wrong destination, which the carrier immediately corrected on notice by sending out a tracer, and the refusal of the connecting carrier to deliver the goods without payment of charges for the extra haul resulting from the mistake, do not make a case of willfulness, oppression, or wanton disregard of the shipper’s rights by the original carrier, authorizing punitive damages for the delay.</p> <p>4. Same. Action. Instruction.</p> <p>Where goods were transported an extra distance by a connecting carrier owing to a mistake of the original 'carrier, and the connecting carrier demanded payment for such extra haul before permitting the shipper to take his goods, the shipper was not bound to pay such charge before receiving his goods, but it was error to so c