Garner v. Green
Supreme Court of Alabama
Error to the Circuit Court of Benton. Teespass on the case, by the plaintiff in error, against the defendants in error, as common carriers. Upon the trial, it appeared that the defendant, Green, was the owner of a ferry across the Coosa river, near the mouth of Beaver creek, and that Elliott was his ferryman.
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Error to the Circuit Court of Benton. Teespass on the case, by the plaintiff in error, against the defendants in error, as common carriers. Upon the trial, it appeared that the defendant, Green, was the owner of a ferry across the Coosa river, near the mouth of Beaver creek, and that Elliott was his ferryman. That when the water was too high to use the ferry across the river, the ferry flat used in conveying persons, and property, across the Coosa, was employed, under the management of the ferryman, from time to time, for a period of five years, in transporting persons, and property, over…
1Opinion of the CourtOrmond, J.
The question to be determined, is, whether the evidence excluded by the Court, was relevant. It appears that Green was the owner of a ferry over the Coosa river, which was managed by Elliott, for a share of the profits. It also appears, that during high water, when the ferry was impassable, Elliott was in the habit of taking the boat, and the hand who assisted him at the ferry, and carrying passengers over a creek, which emptied into the river above the ferry, to enable them to cross the river at a different point. In an attempt to carry the plaintiff’s waggon across the creek, it was lost,…
2Cited by5 opinions
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- Williams v. WilsonSupreme Court of Alabama · 1923
- Thompson v. Pollock Dry Goods Co., Inc.Alabama Court of Appeals · 1921
- Sparks v. Southeastern Greyhound LinesDistrict Court, N.D. Mississippi · 1959
- Wilson v. HamiltonOhio Supreme Court · 1855