Baltimore & Ohio Express Co. v. Cooper

Mississippi Supreme Court April 15, 1889

Baltimore & Ohio Express Co. v. Cooper, 66 Miss. 558 (Miss. 1889)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

The only point made by the appellant deserving special mention *560is that the claim for the loss or damage was not presented in writing at the office which issued the receipt, etc., in accordance with a condition contained in it; and our view is that this condition is not applicable to this case, because the claim here sued on is for damages for negligence by that office in not sending forward the article named, and there was no necessity to bring to the notice of the company at that office the claim for what that office was fully cognizant of, its negligence having caused the loss.

Affirmed.

Reference

Full Case Name: Baltimore & Ohio Express Co. v. W. P. Cooper
Cited By: 4 cases
Status: Published
Syllabus: ^Express Companies. Contracts limiting liability, when not enforced. Notice of loss' A condition in the receipt given by an express company for goods to be transported, “ that the company shall not be liable for any loss or damage, unless the claim 'therefor shall be presented to them in writing at this office within thirty days after this date,” has no application, and will not be enforced, where the claim for damage is for negligence by the office which issued the receipt in not promptly forwarding the goods.