Southern Express Co. v. Saks
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Louis Saks against the Southern Express Company for damages for the loss of goods delivered in New York to' the Adam's Express, Company, and consigned to plaintiff in Birmingham, by way of the Southern Express Company as a connecting carrier. Judgment for plaintiff and defendant appeals. We think it clear under all the evidence that no, partnership is shown to have existed between the two companies.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Louis Saks against the Southern Express Company for damages for the loss of goods delivered in New York to' the Adam's Express, Company, and consigned to plaintiff in Birmingham, by way of the Southern Express Company as a connecting carrier. Judgment for plaintiff and defendant appeals. We think it clear under all the evidence that no, partnership is shown to have existed between the two companies. If the bill of lading be treated as such, it was simply an obligation on the part of the initial carrier to transport…
1Opinion of the Court
McCLELLAN, j.
As a matter of substantive law, it is settled in this state that, in the absence of special contract or the existence of a relation of partnership or agency between an initial and a connecting carrier, a connecting carrier is liable only for loss or damage occurring on its own line. — M. R. R. v. Moore, 51 Ala. 394; Ellsworth v. Tartt, 26 Ala. 733, 62 Am. Dec. 749; K. C. M. & B. R. R. v. Foster, 134 Ala. 244, 32 South. 773, 92 Am. St. Rep. 25.
Four packages of cloaks were delivered by a dealer in New York City to an agent of the Adams Express Company for transportation to the…
2Cases cited6 opinions
- Southern Express Co. v. HessSupreme Court of Alabama · 1875
- Kansas City, Memphis & Birmingham Railroad v. FosterSupreme Court of Alabama · 1901
- Montgomery & West Point Railroad v. MooreSupreme Court of Alabama · 1874
- Ellsworth v. TarttSupreme Court of Alabama · 1855
- Texas & New Orleans Railway Co. v. BerryCourt of Appeals of Texas · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Lowe v. CopelandCalifornia Court of Appeal · 1932
- Louisville N. R. Co. v. StricklandSupreme Court of Alabama · 1929
- Louisville & Nashville R. R. v. LynneSupreme Court of Alabama · 1916
- Lynn v. MellonSupreme Court of Alabama · 1927
4 more not listed; retrieve them via the Exa API.