New Orleans & Northeastern Railroad v. Lamkin

Mississippi Supreme Court
New Orleans & Northeastern Railroad v. Lamkin, 78 Miss. 502 (Miss. 1900)
Whitfield

New Orleans & Northeastern Railroad v. Lamkin

Opinion of the Court

Whitfield, C. J.,

delivered the opinion of the court.

We think the true rule is stated in 6 Am. & Eng. Enc. L., 655 (2d ed.), as follows: “If the several lines are under one management and control, so as to constitute a system, or have contracts by which their continuous roads are held out to the public as a line for through transportation, the roads constituting the line, or system, are jointly liable for injuries occurring to goods while being carried over their through line. Wherever there is an identity of interest, or the companies have placed certain features of their business under one general control (although the general management of each road is retained by its owners), the companies are, as to such features of their business, partners, and liable as such. ’ ’ This is the doctrine held in many well considered cases, and supported by the weight of authority. Wyman v. Chicago, etc., 4 Mo. App., 37; Swift v. Pacific Mail Steamship Co., 106 N. Y., 206; Burtin v. Wheeler, 49 N. H., 9; Rocky Mount Mills v. R. R. Co., 119 N. C., 693.

The facts of this case bring it clearly within this rule. The appellants were liable as partners. There is no merit in any of the other assignments of error. Wherefore the judgment is

Affirmed.

Reference

Full Case Name
New Orleans & Northeastern Railroad Company v. Henry T. Lamkin
Cited By
1 case
Status
Published
Syllabus
1. Railroads. Contracts between two or more. Joint UabiUty. If several railroad companies are under one management, so as to constitute a system, or have contracts by which their roads are held out to the public as a line for through transportation, they are jointly liable for damage to goods, sustained while being- carried over their line on a through shipment. 2. Same. PmimersMps. Whenever there is an identity of interest between two or more railroad companies, or they have placed certain functions of their business under one general control, although the g-eneral management of each road is retained by its owners, they are, as to such features of this business, partners. 3. Same. Case. Facts examined and the New Orleans & Northeastern Railroad Company and the Alabama & Vicksburg Railway Company held to have been partners in the shipment involved in this suit.