Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-07-05
LIABILITY GF C5aMos CAR
RiERS.
Bussey & Co. vs.. Mississippi Valley
TransnortatiCn Company

On Inc l;dh of June, 1867, this COM
pany, in the usual course Of its busl-
ness. received from Bussey 4 Co., at
st. Louis, Mo. j certain barge and
cargo IN apparent good order, TO be
delivered in like good order tthe dan
gers Of uar igatioR, fire, explosion and
collision e1cgptcd) 70 BusSey j. To-,
at New Orleans, Ia, on ieYee or
wharf boat, he OF they paying freight
at the rate annexed.
Attached to the foot of this bill OF
lading was this A.raOrdinary eXcep-
ton: " 1t Is agreed with shipper that
the Bee and barge are not accountable
for sinking Of barge or damage to
cargo except from gross negligence. "
SIGNED GREENLEAF,
Agent Tor the Company
signed BUSsET & co.
For p, ", CLIFTON.
The barge and cargo were sunk in
the river, opposite the city OF New
Orleans; there was no delivery, and
the cCnsignees, Bussey & Co., now
sue the hailers, the Mississippi Valley
Transportation Company, for the
value Of the lost cargo and barge.
Judge Thread yesterday decided the
ease in favor Of the plaintiffs, holding
that common carriers may add to the
two instance ia which the common
( law exempt- them from Liability lthe
acts of God and the public enemy by
| special contract, providing for special
executions, such as dangers of naViga-
/ ton. fire, explosion; but they cannot
/ thus release themselves from liability
4 for negligence or their own fault.
The following is the decisions OF
/ the court:
In the case Of Hunt vs. Morris, at
/ page 6Ss Of the 6th Martins Report
/ 1old series Judge Matthews said:
g Considered simply as bailees on a
] contract OF hiring Of carriage, they
/ are answerable for ordinary neglect,
! which is the omission of that care
! which every man Of common pru-
dence and capable Of governing a
family takes of his own concerns.
This is a definition and rule laid down
by Sir William Jones as founded on
the plain elements Of netgr8l law,
and the principles contained In the
! codes Of different nations, which We
/ believe to be in conformity with the
provisions OF our own law Oh the sub
1 ject."
The liability OF common carriers il
clearly defined under our laws in the
above quotation. 7 have not a word
10 add to it; and Is / am satisfied
from the evidence On file that the de.
PENDANTS herein bave not taken, ii
relation to plaintiffs property, thai
! care which they would have taken o
their own concerns, they must beal
7 the consequences If tne neglect F-0l
( these reasons Judgment for PLAINTIFF
4 as prayed for IS ordered.
The amount claimed Is over $1,000
value Of grain lost by sinking OF OBJ
of the barges, and the decision Is i'm
poFtant frem the fact that a plea Sc
! up by defendants that they were no
4 common carriers is not sustained.
Gibson q Austin counsel for plain
tifs. and r. II. Mari, NJ. A. Foutt
and John 4. Grow for defendants.
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A theological seminary, It'll re
ported, has recently been established
Ia Berlin, for the purpose Of educat
ing clergymen and teachers TO accom-
pany the Prussian emigrants TO thl
United States.
The bromide Of ammonium Is re
I commended by DR.. Glib of London
/ To those who suffer from an excess Q
fat. When taken in small doses for
length OF time, ii viii absorb fat, ant
diminish the weight of the body wit
fl greater certainty than any Othe
known remedy.
Prince Uchtomsks, belonging t
/ one Of the oldest families of MOSCOW
and formerly possessor. Of g tottIne {
over 1900, COS francs, has just bee
sent TO Siberia for life for theft an
swindling.