42 So. 282 | Miss. | 1906
delivered the opinion of the court.
Blum sued the Yazoo & Mississippi Valley Railroad Company for unreasonable delay in the shipment of certain cotton
It was error in the court to exclude the proof offered under notice filed with the general issue. If appellant had made the proof offered under this notice, it would have furnished a complete defense to this suit. In the case of Y. & M. V. R. R. Co. v. Blum, 88 Miss., 180 (s.c., 40 South. Rep., 748), the declaration alleged that the company, at the time, was only provided with such engines, cars and other equipment necessary for handling its freight as was sufficient for eight or nine months of the year, and that during the marketing season of three or four months the rush of business required more cars and equipment than was necessary for the proper handling of the ordinary business of the company, and the company had failed to provide the cars, and Blum did not know or was not informed of the conditions existing when he offered the cotton for shipment, and the court said: “The pleas admit that the delay in the handling and transportation of appellee’s cotton, and the damages sustained, resulted from defendant’s not being provided with sufficient equipment and facilities for the handling of this cotton with greater expedition -than was used in handling it” — and further said: “It was also manifest, from the allegations of the special pleas, that appellant does not possess’ the engines, cars, and other equipment necessary for the handling of freight over its line, ample and sufficient for the
Beversed and remanded.