Southern Ry. Co. v. Levy
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before tbe Hon. William S. Andeeson. This suit was brought by complainant J. M. Levy against- the Southern Bailway Company to recover damages for failure to deliver in good order and condition certain goods which were assigned to the plaintiff, and which were shipped over defendant’s railway lines; the defendant being the delivering or discharging carrier.
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Appeal from Mobile Circuit Court. Heard before tbe Hon. William S. Andeeson. This suit was brought by complainant J. M. Levy against- the Southern Bailway Company to recover damages for failure to deliver in good order and condition certain goods which were assigned to the plaintiff, and which were shipped over defendant’s railway lines; the defendant being the delivering or discharging carrier. The facts in reference to the only question decided upon the present appeal are sufficiently shown in the opinion. From a judgment, in favor of plaintiff the defendant prosecutes this appeal, and…
1Opinion of the CourtHaralson, J.
The .rule of law, as elsewhere expressed is, that “By the common law a common carrier becomes absolutely liable for the safety of goods intrusted to him for transportation, and responsible for any loss or injury to the goods, not Caused by the act of God, or of the public enemy, or by the fault of the party complaining; and when loss or injury happens a prima facie presumption of negligence arises, and the burden is on the carrier to exempt himself from liability. By special contract, however, this common law liability may be limited, but not to the extent of exempting the carrier from…
2Cases cited6 opinions
- Germania Fire Insurance v. Memphis & Charlestown RailroadNew York Court of Appeals · 1878
- Jones v. Cincinnati, Selma & Mobile RailroadSupreme Court of Alabama · 1889
- Mouton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900
- Louisville & Nashville R. R. v. TouartSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. CowherdSupreme Court of Alabama · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- The B. F. Goodrich Tire Company v. E. H. LysterCourt of Appeals for the Fifth Circuit · 1964
- Lovelace v. MillerSupreme Court of Alabama · 1907
- Brown v. PattersonSupreme Court of Alabama · 1926
- Holloway v. Henderson Lumber Co.Supreme Court of Alabama · 1919
- Danforth v. McClellanSupreme Court of Alabama · 1916
2 more not listed; retrieve them via the Exa API.