Illinois Central Railroad v. Jones

Mississippi Supreme Court
Illinois Central Railroad v. Jones, 87 Miss. 489 (Miss. 1905)
39 So. 493
Whiteibld

Illinois Central Railroad v. Jones

Opinion of the Court

Whiteibld, 0. J.,

delivered the opinion of the court.

The two points chiefly relied on for reversal are (1) that the evidence is insufficient to show any partnership arrangement between the Illinois Central Railroad and the Yazoo & Mississippi Valley Railroad, such as to render either liable, and (2) that no special notice was given at the time the original contract was made of the important character of the shipment — that is to say, that the hulls were to be used for fattening cattle. A careful examination of the testimony satisfies us that, within the rule announced in Railroad v. Lamkin, 78 Miss., 502 (30 South. Rep., 47), there was sufficient evidence to send the case to the jury. As to the question of notice, it very clearly appears that, the partnership arrangement being established, the plaintiff did give special notice that the hulls were wanted for the purpose of feeding cattle, prior to each of the fourteen shipments, delay in delivery of which is complained of in this case. The legal proposition is thus satisfied by the testimony in the case.

Affirmed.

Reference

Full Case Name
Illinois Central Railroad Company v. Howard Jones
Cited By
1 case
Status
Published
Syllabus
Railroads. Carriers of freight. „ Connecting lines. Liability as partners. Evidence. , In a suit against two railroads for damages because of delay in the carriage of freight from a point on one of the roads to a point on the other, if it be shown that the two roads had the -same freight agent, the same train dispatcher,- and other employes at their junction point through which the freight was carried, and that the entire route over which the shipment was made, embracing a part of each road, was under the supervision of a common traveling freight agent, a verdict of a jury finding them to have been partners as carriers of the freight in question will not be disturbed as unsupported by evidence.