Louisville & Nashville Railroad v. Gilmer
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought by George N. Gilmer against the appellant, as a common carrier, to recover damages for the defendant’s failure to deliver a car-load of brick shipped for defendant from Montgomery, consigned to him at “Clover-field Sta.”; and was commenced before a justice of the peace, on the 16th March, 1888. On appeal to the Circuit Court, the court charged the jury, that they must find for…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought by George N. Gilmer against the appellant, as a common carrier, to recover damages for the defendant’s failure to deliver a car-load of brick shipped for defendant from Montgomery, consigned to him at “Clover-field Sta.”; and was commenced before a justice of the peace, on the 16th March, 1888. On appeal to the Circuit Court, the court charged the jury, that they must find for the plaintiff, if they believed the evidence; and that he was entitled to recover the value of the brick at…
1Opinion of the CourtMoOLELLAN, J.
A car-load of brick was shipped by appellant’s line of railway on Dec. 14, 1886, from Mont*535gomerj, consigned to appellee at “Cloverfield Sta.,” as appears by tbe bill of lading. What manner of place Clover-field was does not appear, except that the residence of appellee was within two hundred and fifty yards of it, and the- railroad company had no depot, warehouse, agent, or even side-track there. The car containing the brick was promptly transported to the point of consignment on the morning of the 14th; but the consignee was not there, , nor had other person there to receive the goods,…
2Cases cited2 opinions
- Reynolds v. CollinsSupreme Court of Alabama · 1884
- South & North Ala. Railroad v. WoodSupreme Court of Alabama · 1880
3Cited by5 opinions
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- Buist v. GuiceSupreme Court of Alabama · 1892
- Echols v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
- Hanger & Maxfield v. Bloomington, Decatur & Champaign Railway Co.Appellate Court of Illinois · 1915
- St. Louis Southwestern Ry. Co. of Texas v. Smith Bros. Grain Co.Court of Appeals of Texas · 1914