[Download] "Louisiana Southern Ry. Co. v. Anderson" by United States Court Of Appeals Fifth Circuit. " Book PDF Kindle ePub Free
eBook details
- Title: Louisiana Southern Ry. Co. v. Anderson
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 02, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Anderson, Clayton and Company, alleging receipt by the Gulf, Mobile and Ohio Railroad Company as a common carrier of two cars containing a specified number of bales of cotton, of which it was the owner, and the issuance by this carrier of bills of lading, consigned to the order of appellee, destination New Orleans, La., "notify Anderson, Clayton & Co.," sued Louisiana Southern Railway Company, appellant, in two claims for damages for failure to deliver. Both claims were predicated upon the allegation that "the said cotton was duly delivered into possession of defendant as a common carrier. * * * Defendant as delivering carrier under the above shipment and contract of carriage was bound and obligated to deliver * * * cotton to plaintiff at New Orleans, Louisiana," but failed to deliver, any of one shipment, and of the second only bales which had been damaged by fire, with consequent alleged loss to appellee. By way of defense appellant answered denying it took possession as delivering carrier, but admitted taking possession of the cars "on the interchange track * * * for the purpose of performing a switching service at point of destination," and averred that the cotton was not delivered for the reason that it "was destroyed by fire" under circumstances under which defendant is not legally liable or in any manner responsible. It further asserted as to both claims that the defendant was not a delivering carrier, but was a carrier performing "merely a switching service at the point of destination," and it alleged that as to both cars the defendant was free of negligence and in no way at fault. An alternative defense of constructive placement or delivery was plead, but this defense is now abandoned.