Montgomery & West Point Railroad v. Moore
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Royster & Moore,, partners doing business as merchants in the city of Montgomery, against the appellant as a common carrier, to recover damages for injuries to two boxes of shoes, which were shipped from Philadelphia, per steamship Georgia, consigned to the plaintiffs at-Montgomery.
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Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Royster & Moore,, partners doing business as merchants in the city of Montgomery, against the appellant as a common carrier, to recover damages for injuries to two boxes of shoes, which were shipped from Philadelphia, per steamship Georgia, consigned to the plaintiffs at-Montgomery. The action was commenced on the 6th December, 1859, and, on the dissolution of the plaintiffs’ firm by the death of Royster, was prosecuted to trial and judgment in the name of L. T. Moore as surviving…
1Opinion of the CourtBrickell, J.
When a common carrier delivers goods in a damaged or injured condition, and it does not appear he received them in such condition, the law casts upon him the burden of proving that they were in that condition when he received them, or that the injury occurred by the act of God, or of a public enemy, without fault on his part. Edwards on Bailments, 565-70. The plaintiff having proved that the defendant delivered him the goods damaged, and the cause of the injury appearing to have been the exposure of the goods to fire and steam, the defendant gave evidence tending to show, that goods…
2Cases cited1 opinion
- Ellsworth v. TarttSupreme Court of Alabama · 1855
3Cited by12 opinions
- Montgomery & Eufaula Railway Co. v. CulverSupreme Court of Alabama · 1884
- Alabama Great Southern Railroad v. LittleSupreme Court of Alabama · 1882
- Jones v. Cincinnati, Selma & Mobile RailroadSupreme Court of Alabama · 1889
- Kansas City, Memphis & Birmingham Railroad v. FosterSupreme Court of Alabama · 1901
- Southern Ry. Co. v. Northwestern Fruit Exch.Supreme Court of Alabama · 1923
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