Mobile & Montgomery Railway Co. v. Jurey
Supreme Court of the United States
IN ERROR TO TIIE CIRCUIT COURT OF TIIE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA. The plaintiffs below (defendants in error) shipped cotton over the defendant’s railroad, taking a bill of lading which exempted the company from liability from destruction by fire. The cotton was insured for part of its value. It was entirely destroyed in transit.
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IN ERROR TO TIIE CIRCUIT COURT OF TIIE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA. The plaintiffs below (defendants in error) shipped cotton over the defendant’s railroad, taking a bill of lading which exempted the company from liability from destruction by fire. The cotton was insured for part of its value. It was entirely destroyed in transit. The policy being paid, this action was brought in the name of the shippers on the contract of shipment for the benefit of the insurer, but without averring the policy and its payment. The material facts appear fully in the opinion of the court.…
1Opinion of the CourtJustice Woods
The defendants in error, Jurey and Gillis, brought this action for the use of the Factors’ & Traders’ Insurance Company against the plaintiff in error, the Mobile & Montgomery Railway Company,' to recover $12,000 for the failure of the latter to deliver certain cotton which had been placed in its possession as a common carrier. The complaint, which was drawn according to the form prescribed by the Code of Alabama, was as follows:
“ The plaintiffs claim of the defendant the sum of twelve thousand dollars as damages for the failure to deliver certain goods, viz., one hundred and ninety-seven…
2Cases cited14 opinions
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- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Hall & Long v. Railroad Cos.Supreme Court of the United States · 1872
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- Canal Co. v. HillSupreme Court of the United States · 1872
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