Grey v. Mobile Trade Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. M. J. Saeeold. This action was brought by Ben. Edwards Grey in his lifetime, against the Mobile Trade Company (a corporation chartered by the laws of Alabama), as a common carrier, to recover damages for the defendant’s failure to deliver forty-eight bales of cotton, shipped by the plaintiff, at "White's Bluff on the Alabama river, on the defendant’s steamboat Onward, on the 16th November, 1867, consigned to John…
Read the full summary
Appeal from the Circuit Court of Dallas. Tried before the Hon. M. J. Saeeold. This action was brought by Ben. Edwards Grey in his lifetime, against the Mobile Trade Company (a corporation chartered by the laws of Alabama), as a common carrier, to recover damages for the defendant’s failure to deliver forty-eight bales of cotton, shipped by the plaintiff, at "White's Bluff on the Alabama river, on the defendant’s steamboat Onward, on the 16th November, 1867, consigned to John A. Winston & Co., factors and commission-merchants, at Mobile ; and was commenced on the 10th June, 1868. The defendant…
1Opinion of the Court
STONE, J. —
We think the averment, in the third plea, that the cotton was lost “ without the fault or negligence of defendant,” was intended to embrace, and does embrace, all the agencies and appliances employed in the transportation, and negatives fault or negligence as to each. The Circuit Court, m its charge, placed this construction upon it. Qui facit per alium, faeit per se. Negligence of the employes of the corporation, in navigating the boat, is, in law, negligence of the corporation. The doctrine of respondeat superior applies in all its force; and, under this principle, the…
2Cases cited25 opinions
- Clark v. BarnwellSupreme Court of the United States · 1852
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Chamberlain v. WardSupreme Court of the United States · 1859
20 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Carter v. ChambersSupreme Court of Alabama · 1885
- Peck v. United StatesDistrict Court, S.D. New York · 1979
- Willcox v. EdwardsCalifornia Supreme Court · 1912
34 more not listed; retrieve them via the Exa API.