Central of Ga. Ry. Co. v. Burton
Supreme Court of Alabama
Loss of Goods by Fire. Appeal from Chambers Circuit Court. Heard before Hon. S. L. Brewer. Action by Y. L. Burton against the Central of Georgia Railway Company for destruction of goods by fire. ■ From a judgment for plaintiff, defendant appeals. The facts are sufficiently stated in the opinion of the court.
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Loss of Goods by Fire. Appeal from Chambers Circuit Court. Heard before Hon. S. L. Brewer. Action by Y. L. Burton against the Central of Georgia Railway Company for destruction of goods by fire. ■ From a judgment for plaintiff, defendant appeals. The facts are sufficiently stated in the opinion of the court. The replications referred to in the opinion are as follows: “(1) That it was the practice of the defendant, and had been for a great many years, to notify the consignee of the arrival of freight in the town of La Fayette, which said practice had become a custom ; and plaintiff avers that…
1Opinion of the CourtMcCLELLAN, J.
— In the bill of lading issued for the consignment for the loss of which, by fire, this action was brought, it was stipulated, in consideration of reduction in freight rate, that “no carrier or party in possession of all or any of the property herein described, shall be Hable for any loss thereof or damage thereto by causes beyond its control; or by floods or by fire. * * *» T[ie acceptance of the contract containing that stipulation — the stipulation being valid — operated to relieve the defendant (appellant), as a common carrier, from the exacting liability of an insurer, with familiar…
2Cases cited11 opinions
- 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
- Mouton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900
- Ala.Great Southern R.R. v. Quarles & CouturieSupreme Court of Alabama · 1906
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3Cited by5 opinions
- American Railway Express Co. v. JuddSupreme Court of Alabama · 1925
- Central of Georgia Ry. Co. v. PattersonAlabama Court of Appeals · 1919
- Central of Ga. Ry. Co. v. PattersonAlabama Court of Appeals · 1915
- Louisville & Nashville Railroad v. ShepherdAlabama Court of Appeals · 1912
- Georgia Cotton Co. v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1917