Louisville & Nashville R. R. v. Touart
Supreme Court of Alabama
Appeal from Conecuh Circuit Court. Tried before Hon. John P. Hubbard. Action for failure to deliver five bales of cotton received at Evergreen to be shipped to Mobile. Appeal by defendant.
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Appeal from Conecuh Circuit Court. Tried before Hon. John P. Hubbard. Action for failure to deliver five bales of cotton received at Evergreen to be shipped to Mobile. Appeal by defendant. Upon the introduction of all the evidence the plaintiff requested the court to give the following written charges : (1.) “The court charges the jury that the consignee of. the goods or cotton has a right to sue for their loss by the carrier notwithstanding another party may be the owner of them.” (2.) “The court charges the jury that if they believe from the evidence that the cotton in question was…
1Opinion of the CourtColeman, J.
— The railroad was sued, for failing to deliver five bales of cotton received by it as a common carrier consigned to plaintiff at Mobile, Ala. The defendant pleaded specially the contract of shipment set out in the bill of lading, and which contained a provision that the railroad was not liable “for loss or damage on any articles of property whatever by fire, or other casualty while in transit or while in deposit or places for reception, &c.” There *516was no other plea, and issue was joined upon the defendant’s special plea. The evidence for plaintiff shows that the cotton was received by the…
2Cases cited11 opinions
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Steele v. TownsendSupreme Court of Alabama · 1861
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
- Robinson & Ledyard v. Pogue & SonSupreme Court of Alabama · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McCarthy v. Louisville & Nashville RailroadSupreme Court of Alabama · 1893
- Mouton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900
- Louisville & Nashville Railroad v. GidleySupreme Court of Alabama · 1898
- Central of Ga. Ry. Co. v. BrodaSupreme Court of Alabama · 1914
- Louisville N. R. Co. v. FinlaySupreme Court of Alabama · 1936
5 more not listed; retrieve them via the Exa API.