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YAZOO V. MISSISSIPPI VALLEY R. CO. V. NICHOLS CO., 256 U. S. 540 (1921)

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U.S. Supreme Court

Yazoo v. Mississippi Valley R. Co. v. Nichols Co., 256 U.S. 540 (1921)

Yazoo v. Mississippi Valley Railroad Company v. Nichols Company

No. 216

Argued April 22, 1921

Decided June 1, 1921

256 U.S. 540

Syllabus

The Uniform Bill of Lading, approved by the Interstate Commerce Commission June 27, 1908, provides that

"Property destined to or taken from a station, wharf, or landing at which there is no regularly appointed agent shall be entirely at risk of owner after unloaded from cars or vessels or until loaded into cars or vessels, and when received from or delivered on private or other sidings, wharves, or landings shall be at owner's risk until the cars are attached to and after they are detached from trains."

Held: (1) that the words "at which there is no regularly appointed agent" apply to both clauses, (p. 256 U. S. 544) and (2) that, where goods had been loaded into an outgoing car on a spur used generally by the public, which ran parallel to the main track and connected with it near a station having such an agent, and a bill of lading had issued, the goods were at the carrier's risk while the car remained there waiting to be attached to a train at the carrier's convenience, and the fact that the spur was partly on private land was immaterial. P. 256 U. S. 546.

120 Miss. 690 affirmed.

Review of a judgment of the Supreme Court of Mississippi, affirming a judgment against the railroad company in an action brought by the present respondent to recover for the loss of goods shipped on petitioner's railroad. The facts are stated in the opinion, post, 256 U. S. 543. chanroblesvirtualawlibrary

Page 256 U. S. 543





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