The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-02-21
CARRIERS LIABILITY.
The Important Question in a New and
Interesting Form.

The Important Question in New and
Interesting Form.
e There are in tue city two OF the most
prominent and successful lawyers in the
country, both Of whom arrived yesterday.
Ono is Mr.. John M. Butler. Of lndianapo-
lis, Ind, law partnerof Senator Mcdonald;
the other is Mr.. Charles Gibbons, jr, OF
Philadelphia, comparatively young, but
decidedly popular, barrister, who is in
trusted with many intricate law cases. Tho
visit Of the gentlemen is solely profession
al. Though the case is only indirectly
connected with this city, yet 1t involves
many questions interesting and vital to the
cotton men. The suit in which they are
engaged is styled, Anthony j. Thomas
and Charles f. Tracy, trustees, ETC., vs.,
the Wabash, st. Louis and Pa.
cilic Railway company" IL will
be tried in the United States circuit court
at Springfield, ILL.,, as soon rs both sides
are ready, and they are here to make 1t
ready as soon as possible. Messrs.
Thomas * Tracy are receivers oil the
Cairo & Vincennes road, which is or was
part OF the Wabash system, and they
are plaintiffs against the main company in
| the interest OF number OF cotton mills
and insurance companies. Mr.. Gibbons
is counsel for the latter while Mr.. Butler
| guards the cause OF the railroad company.
Several weeks ago Col. w. II. Carroll,
OF this city, rs counsel for Messrs. Wood
ward & Stillman, Of New York, filed n
suit in the local chancery court against
tho Mississippi Valley Transportation com
pany, growing out of the same cause.
On December %, 1885, barge No. 40, oil
the Mississippi Valley Transportation line,
burned at Cairo, ILL.,, with barge load OF
cotton. The facts, rs set forth by Col:
Carroll, are 10 this effect: The 100 burned
bales for which he seeks recovery were
bought for Woodward & Sdllman by
Mcssrs. G. +. Hunt & Co., Of this city.
The contract between buyer and agent
stipulated that the transportation should
be all rail. Cars and flats were too scarce
TO admit OF speedy shipment. and an agent
Of the carrier, unknown TO either eastern
buyer or agent, loaded this cotton, along
with lot Of other, on the barge and trans
ported II 10 Cairo. There II remained ter
or twelve days, where IL was destroyed by
fire. As neither Woodward 4 Stillman no
G. z. Hunt & Co. knew nothing about thu
manner OF shipment to Cairo, the cotton
was not insured. Therefore he seeks TO re
cover value OF the destroyed cotton iron
tho transportation company.
The suits in which Mr.. Gibbons seeks q
recover the value OF cotton are eight u
number, aggregate about $4,000, and diff
fer somewhat, though growing out Of tn
same fire. In his cases II was known b.
the buyers and insurance companies tina
the cotton was shipped by river TO Cair
, on bills Of lading issued by the Cairo
/ yincennes Railway company. The nc
tons are based more on tho general liza
bility OF the railroad on all such ship
I ments than the gross carelcssncss that n
4 suited in the loss. They are, in brief,
follows
> by the Otis company, Of Ware, Mass
r for 20 bales, purchased through william
4 Bowlcs & SONS, 81 $1,000.
The Everett mills, Lawrence, Mass, rs
bales, purchased through same agent, sll
SGi.33
York Manufacturing company, Sac
: Me-, 100 bales, purchased through san
agent, Si,3il.l5.
Nashua Manufacturing company, Nasl
Z ua, n. H.. 200 bales, purchased throug
Z htuc agent, Soiopsif -
Lancaster mills, Clinton, Mass, e
. bales, purchased through same agtn
q 81, 2SO3S.
a Amory Manufacturing company, MAJ
: chester, Mass, 100 bales, purchase
q through same agent, -, i02.b2.
n Jackson Manufacturing company, Nasl
!. VA, n. H.. 300 bales, purchased throue
!. same agent, Sl0,55b.S7.
Phmnix Insurance Company, New Ioi
city. 200 bales, purchased through Jon'
bros. q CO., SO,0Il.Si. In this latter ca
the cotton was purchased through Jono
o Bros. q Co., by the Shctucket company
= Connecticut, and Il. II. Dcming & Co.
a Providence, r. l., 100 bales each, both
| which companies held insurance polici,
:. issued by the Phoenix. These polici
Z saved the owners OF the cotton, who we
reimbursed In full, and the action Is ther
ioru brought by the insurance oompan!
In all tho cases cotton was dclil
y cred 10 Joseph Nash, agent
:. the railway company who issu,
4 bills Of laden 90 buyers broker
The respondents answer, denying ca,
u and every allegation and ayermcnt, m
. demand strict proof Tho attorneys VI
% take testimony here today, and leave I
e night for Cairo, where further eviden
n awaits them, after which the ease will /
y into trial. II will be watched with intcro
% by cotton and insurance men all over u
y country. II IL OF peculiar interest 10 Mcf
k phis, ON account Of iIs proportions as q C
- ton market.