Yazoo & Mississippi Valley Railroad v. Fisher Bros.

Citations

• 102 Miss. 702
• 59 So. 877

Syllabus

<p>1. Appeal and Error. Harmless error. Election between counts. Time. Carriers. Failure to furnish ears. Damages.</p> <p>Where in a suit against a railroad company for damages sustained by reason of the failure of the company to furnish railroad cars after being duly notified, the first count was for the delayage charge of one dollar per day provided by the rules of the railroad commission and the second count was for actual damages by reason of the delay in furnishing the cars. It was not error for the court to refuse to compel the plaintiff, when he had rested his case, to elect on which count of the declaration he would proceed, where the court after all the evidence was closed, compelled such election, and only one issue was presented to the jury and the testimony was such as might be considered under either count.</p> <p>2. Carriers. Failure to furnish cars. Damages.</p> <p>The fixing of delayage charges by a rule of tbe railroad commission does not deprive the shipper of his right to damages under the common law, which he has sustained by reason of the railroad company’s failure to comply with the reasonable requirements of this rule and also its duty as a common carrier ini furnishing cars upon request.</p> <p>3. Same.</p> <p>The cardinal principle in reference to damages, is that the party in default shall make full and complete satisfaction.</p>