Brennfleck v. Mobile & Ohio R. R.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hod. Samuel B. Browne. Action by Charles J. Bremifleck against the Mobile & Ohio Railroad Company, for failure to deliver certain goods. Judgment for defendant and plaintiff appeals.
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Appeal from Mobile Circuit Court. Heard before Hod. Samuel B. Browne. Action by Charles J. Bremifleck against the Mobile & Ohio Railroad Company, for failure to deliver certain goods. Judgment for defendant and plaintiff appeals. Proof of the delivery of the goods to the carrier, and their loss makes out a prima facie case.' — Southern Express Go. v. Rooney, 164 Ala. 270. The cases of S'. & N. A, R. R. Go. v. Wood, 66 Ala. 171, and Southern Railway Go. v. Barclay, 1 Court of Appeals, discussed and distinguished from the case at bar. Liability for the loss of the goods complained of,…
1Opinion of the CourtMayfield, J.
— Appellant sued appellee, as a connecting and delivering carrier, for failure to deliver a lot of goods. The goods were delivered to the Illinois Central Railroad Company, of Illinois, to be delivered at Parker’s Station, in Alabama. The Mobile & Ohio Railroad Company was the connecting and delivering-carrier; Parker’s Station, the point of destination, being a nonagent station on the Mobile & Bay Shore Railway, a line of road controlled and operated exclusively by the Mobile & Ohio Railroad Company. The complaint was practically in Code form (form 15, p. 1187, vol. 2, Code of 1907).
The…
2Cases cited4 opinions
- Scales v. Central Iron & Coal Co.Supreme Court of Alabama · 1911
- South & North Ala. Railroad v. WoodSupreme Court of Alabama · 1880
- South & North Alabama Railroad v. WoodSupreme Court of Alabama · 1881
- Southern Railway Co. v. BarclayAlabama Court of Appeals · 1911