Robertson v. Southern Railway Co.
Alabama Court of Appeals
Arrear from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by C. A. Robertson against the Southern Railway Company for damages for failure to deliver certain household goods. Judgment for defendant and plaintiff appeals. Counsel discuss the errors assigned, but without' citation of' authority. The goods Avere shoAvn to have been returned by Avay of the Seaboard Air Lino, and there Avas a variance betwen the allegation and the proof. — 8. & N. A. Ry.
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Arrear from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by C. A. Robertson against the Southern Railway Company for damages for failure to deliver certain household goods. Judgment for defendant and plaintiff appeals. Counsel discuss the errors assigned, but without' citation of' authority. The goods Avere shoAvn to have been returned by Avay of the Seaboard Air Lino, and there Avas a variance betwen the allegation and the proof. — 8. & N. A. Ry. Go. v. Wilson, 78 Ala.. 587. There Avas no appropriate grounds of demurrer to defendant’s special plea, and having joined…
1Opinion of the CourtPelham, J.
The appellant brought suit in the trial court against the appellee to recover damages for failure to deliver a shipment of household goods delivered to it as a common carrier at Birmingham, in the State of Alabama, for transportation and delivery to the plaintiff at Orlando, in the State of Florida. The defendant issued to the plaintiff a through bill of ladmg for the goods. The defendant set up by a special plea numbered 2 a stipulation in the contract of shipment whereby it was agreed that the carrier Avas not to be heid liable for any loss or damage not occuring on its oavu line. The…
2Cases cited3 opinions
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- Central of Georgia Railway Co. v. SimsSupreme Court of Alabama · 1910
- Atlantic Coast Line R. R. v. WardAlabama Court of Appeals · 1912