Louisville & Nashville Railroad v. Price
Louisville & Nashville Railroad v. Price
Opinion of the Court
delivered the opinion of the court.
This was a suit brought in the circuit court of Harrison county, Miss., by Mrs. W. E. Price, the appellee, against the Louisville & Nashville Railroad Company, the. appellant, to recover damages for injury to certain household furniture, chinaware, and other effects shipped by her from Paunsdale, Ala'., to Biloxi, Miss.; the same being consigned by appellee to herself.
The shipment in question originated at Paunsdale, Ala., a station on the Southern Railway, was carried over the Southern Railway from Paunsdale to Mobile, Ala., and was there delivered to the Osborne Transfer Company of Mobile, an independent carrier having no connection with the Louisville & Nashville Railroad, and by the transfer company to the depot of the appellant in Mobile, Ala., the distance between the two depots being about a mile and a half. The goods were received by the Southern Railway at Paunsdale in good order, except as was noted upon the bills of lading. The shipment was made under through bills of lading issued by the Southern Railway Company from Paunsdale, Ala., Jo Biloxi, Miss., and was therefore an interstate shipment, the Southern Railway Company being the initial carrier and the Louisville & Nashville Railroad Company the delivering carrier. In the trial of the case the plaintiff showed that
Section 4853 of the Code of 1906 is superseded, in so far as interstate shipments are concerned, by the Car-mack Amendment. Charleston & Western Carolina Railway Co. v. Varnville Furniture Company, 237 U. S. 597, 35 Sup. Ct. 715, 59 L. Ed. 1137.
It was therefore error to exclude the testimony offered.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.