O'Bannon v. Southern Express Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Escambia. Tried before the Hon. P. O. Habpeb. This action was brought by the Southern Express Company against W. J. O’Bannon and others, and was founded on a penal bond executed by said O’Bannon as principal, and the other defendants as his sureties, which was in these words : “ Whereas W. J. O’Bannon is to be hereafter employed by the Southern Express Company in the business of forwarding by different railroads, steamboats, and other modes…
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Appeal from the Circuit Court of Escambia. Tried before the Hon. P. O. Habpeb. This action was brought by the Southern Express Company against W. J. O’Bannon and others, and was founded on a penal bond executed by said O’Bannon as principal, and the other defendants as his sureties, which was in these words : “ Whereas W. J. O’Bannon is to be hereafter employed by the Southern Express Company in the business of forwarding by different railroads, steamboats, and other modes of conveyance, packages of any and all kinds, and movable property, including money and securities for money: Now,…
1Opinion of the CourtBrickell, J.
The liability of a common carrier begins when goods are delivered to him, or to his proper servant or agent authorized to receive them, for transportation. Many questions have arisen, as to what will constitute a constructive delivery, fixing the liability of a carrier. In all cases, notice to the carrier, express or implied, of the intention to commit the goods to his care and custody, for transportation, has been deemed essential to impose upon him duty and liability. Packard v. Getman, 6 Cowen, 757.
The appellee is subjected to the duties and liabilities of a common carrier. The bond…
2Cited by6 opinions
- McAuliff v. ParkerWashington Supreme Court · 1894
- United States v. McCreadyDistrict Court, W.D. Tennessee · 1882
- Behrman v. A.C.L.R. R. Co.Supreme Court of South Carolina · 1921
- Beckman v. Alaska Dredging Co.Washington Supreme Court · 1935
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. BarrettOhio Supreme Court · 1881
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