79 Miss. 641 | Miss. | 1901
delivered the opinion of the court upon the merits.
The schooner J. J. Clark, with her cargo, was wholly lost in consequence of the defendant’s negligence, as was alleged, in a storm, on September 7, 1900. She was on her voyage from New Orleans to the Mississippi coast towns, and in passing through the Rigolets into Lake Borgne she encountered a severe storm, which prevented her from proceeding on her voyage. From the morning to the afternoon of September 7th she lay one and one-half miles east of the drawbridge of the Louisville & Nashville Railroad Company at the Rigolets, and, fearing the worst, between 4 and 5 o’clock p.m. she lifted anchor, set her jib sail, and made immediately for the drawbridge, which was in the direct path of the wind from her anchorage. She purposed to take shelter in Pearl River. Her captain and two or three other persons on board testified that the guard or tender at the drawbridge was continuously signaled to open the draw from the time of raising her anchor until she came within one hundred yards of the bridge, where, in consequence of the omis
Affirmed.