Alabama Great Southern Railway Co. v. Elliott & Son
Supreme Court of Alabama
Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Action by J. A. Elliott & Son against the Alabama Great Southern Railroad Company. From a judgment for plaintiff, defendant appeals. No case we have been able to discover holds the carrier liable where the negligence complained of was not actively existing at the time of the occurrence of the act of God from which the injury was directly caused.
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Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Action by J. A. Elliott & Son against the Alabama Great Southern Railroad Company. From a judgment for plaintiff, defendant appeals. No case we have been able to discover holds the carrier liable where the negligence complained of was not actively existing at the time of the occurrence of the act of God from which the injury was directly caused. Where the act of negligence was ended before the destruction of the property a plea that it Ava's destroyed by an act of Goci presents a perfect defense to the action. — Denny v. N. T.…
1Opinion of the CourtSimpson, J.
This was an action for damages .resulting from the failure to deliver part of a certain lot of flour and delivering another portion of. the same in a damaged condition. The assignments of-error relate entirely to the ruling of the court on certain demurrers to pleas, and the facts, as set out in the pleading, are that the flour was delivered to the Louisville & Na-shville Bailroad Company at Evansville. Inch, to be carried to the plaintiff at Moundville, Ala., a place of about 150 inhabitants, on the line of the defendant company. Said flour was delivered to the defendant company, at…
2Cases cited6 opinions
- Michaels v. New York Central RailroadNew York Court of Appeals · 1864
- Wald v. Pittsburg, Cincinnati, Chicago & St. Louis R. R. Co.Illinois Supreme Court · 1896
- Bibb Broom Corn Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Minnesota · 1905
- Ala.Great Southern R.R. v. Quarles & CouturieSupreme Court of Alabama · 1906
- Michigan Central Railroad v. CurtisIllinois Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Barron v. Mobile & Ohio RailroadAlabama Court of Appeals · 1911
- Central of Georgia Railway Co. v. Sigma Lumber Co.Supreme Court of Alabama · 1910
- Louisville N. R. Co. v. FinlaySupreme Court of Alabama · 1936
- Ollinger & Bruce Dry Dock Co. v. James Gibbony & Co.Supreme Court of Alabama · 1918
- Central of Ga. Ry. Co. v. BurtonSupreme Court of Alabama · 1910
3 more not listed; retrieve them via the Exa API.