Southern Express Co. v. Holland
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before T. M. Stevens, Esqr., Special Judge. This was an action by the appellee, Solomon W. Holland, against the appellant, the Southern Express Company, to recover $183.03 damages for the failure of the defendant to deliver one package of money, containing $183.03, received by the defendant as a common carrier, to be delivered to the plaintiff at Castleberry, Ala.
Read the full summary
Appeal from the Circuit Court of Conecuh. Tried before T. M. Stevens, Esqr., Special Judge. This was an action by the appellee, Solomon W. Holland, against the appellant, the Southern Express Company, to recover $183.03 damages for the failure of the defendant to deliver one package of money, containing $183.03, received by the defendant as a common carrier, to be delivered to the plaintiff at Castleberry, Ala. Upon the introduction of all the evidence, the court, at the request of the plaintiff, gave to the jury the following charge in writing: “The court charges the jury that if you believe…
1Opinion of the CourtHaralson, J.
The obligation of common carriers in transportation of goods for a reward is well settled to be, that after the goods are delivered to him, he will carry and deliver them to the consignee, at a proper time, and at the proper place, without loss or failure, except by the act of God or the public enemy. To this end, he becomes an insurer, and the liability continues, after the arrival of the goods at the place of destination, —in the absence of statutory x-egulations, — uxitil the consignee has a reasonable time within which to receive them. When the goods have been safely transported to their…
2Cases cited3 opinions
- Marshall v. WellsWisconsin Supreme Court · 1859
- Kennedy Bros. v. Mobile & Girard RailroadSupreme Court of Alabama · 1883
- American Merchants' Union Express Co. v. WolfIllinois Supreme Court · 1875
3Cited by5 opinions
- Hutchinson v. United States Express Co.West Virginia Supreme Court · 1907
- United States Express Co. v. StateIndiana Supreme Court · 1905
- American Railway Express Co. v. RhodyIndiana Court of Appeals · 1924
- Louisville & Nashville Railroad v. Brinkerhoff & Co.Supreme Court of Alabama · 1898
- Southern Express Co. v. Potter Bros.Tennessee Supreme Court · 1915