South & North Alabama Railroad v. Henlein & Barr
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. Tbis action was brought by tbe appellees, suing as partners, against tbe South & North Alabama Railroad Company, as a common carrier, to recover damages on account of injuries to a mule, wbicb tbe plaintiffs bad transported on tbe railroad Rom Nashville, Tennessee, to Montgomery, Alabama, and which, as they alleged in their complaint, was injured while in the defendant’s possession through…
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Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. Tbis action was brought by tbe appellees, suing as partners, against tbe South & North Alabama Railroad Company, as a common carrier, to recover damages on account of injuries to a mule, wbicb tbe plaintiffs bad transported on tbe railroad Rom Nashville, Tennessee, to Montgomery, Alabama, and which, as they alleged in their complaint, was injured while in the defendant’s possession through negligence and want of care. The defendant pleaded, “ in short by consent, the general issue, and former adjudication of…
1Opinion of the CourtStone, J.
In the case of the North & South Alabama Railroad Co. v. Henlein & Barr, 52 Ala. 606, the question of the right of a railroad to stipulate the measure and extent to which it is to be held accountable, in case of injury or destruction of live stock transported by it, was very fully considered. We there said : “If the measure of the liability thus fixed appear to be greatly disproportionate to the real value of the animal and the amount of freight received, we should not hesitate to declare it unjust and unreasonable. But, as the case is presented, it seems to have been intended to adjust the…
2Cases cited13 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Collins v. . BennettNew York Court of Appeals · 1871
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Steele v. TownsendSupreme Court of Alabama · 1861
- Guernsey v. CarverNew York Supreme Court · 1832
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3Cited by34 opinions
- Lamb v. WahlenmaierCalifornia Supreme Court · 1904
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Railway Co. v. WynnTennessee Supreme Court · 1890
- Birmingham Southern Railway Co. v. LintnerSupreme Court of Alabama · 1904
- Lee v. TannenbaumSupreme Court of Alabama · 1878
29 more not listed; retrieve them via the Exa API.