Smith & Co. v. Western Railway
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the TIoii. Jesse M. Carmichael. This action was brought by E. A. & L. E. Smith, suing as a partnership, against the defendant corporation, to recover damages for injuries to goods while in defendant’s possession as a common carrier; and was commenced on the 18th September, 1886. Numerous exceptions were reserved on the trial, both to rulings on evidence, and special charges given at the instance of the defendant; and these…
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Appeal from the Circuit Court of Lee. Tried before the TIoii. Jesse M. Carmichael. This action was brought by E. A. & L. E. Smith, suing as a partnership, against the defendant corporation, to recover damages for injuries to goods while in defendant’s possession as a common carrier; and was commenced on the 18th September, 1886. Numerous exceptions were reserved on the trial, both to rulings on evidence, and special charges given at the instance of the defendant; and these rulings are here assigned as error. cited Amer. & Eng. Encyc. Law, vol. 1, pp. 175-6, § 5, and note. cited Railroad Go.…
1Opinion of the CourtColeman, J.
The action is to recover damages for an injury to goods, alleged to have been caused by the fault or negligence of the defendant as a common carrier. The principal defense relied on is, that the damage resulted from an act of God, without the fault or negligence of defendant. All the authorities hold, that a common carrier is not liable for injuries or damages caused by an act of God, if there is no fault or negligence on its part.—Amer. & Eng. Encyc. of Law, vol 2, p. 746; 12 Amer. & Eng. R. R. Cases, 183, and notes; 2 Amer. & Eng. R. R. Cases, 166; Railroad Co. v. Reeves, 10 Wall. (U. S.)…
2Cases cited2 opinions
- Columbus & Western Railway Co. v. BridgesSupreme Court of Alabama · 1888
- Moody v. WalkerSupreme Court of Alabama · 1889
3Cited by13 opinions
- Davis v. Ivey and EstesSupreme Court of Florida · 1927
- Willson v. Boise CityIdaho Supreme Court · 1911
- McDonald v. Montgomery Street RailwaySupreme Court of Alabama · 1895
- Porter Screen Manufacturing Co. v. Central Vermont Railway Co.Supreme Court of Vermont · 1917
- Schaff v. DaughertySupreme Court of Oklahoma · 1925
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