Southern Railway Co. v. Barclay
Alabama Court of Appeals
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by D. P. Barclay against the Southern Railway Company for damages to freight by rain. Judgment for plaintiff and defendant appeals. There is but one legal question in this case, and that is whether the liability of the carrier ceased when the car was detached from the train, and left at the siding, its destination and was partially unloaded by the shipper.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by D. P. Barclay against the Southern Railway Company for damages to freight by rain. Judgment for plaintiff and defendant appeals. There is but one legal question in this case, and that is whether the liability of the carrier ceased when the car was detached from the train, and left at the siding, its destination and was partially unloaded by the shipper. It is insisted that the delivery was complete and that the defendant was not liable. —S. & N. R. R. Co. v. Wood, 66 Ala. 167; C. & W. Ry. Co. v. Ludden & Bastes, 89…
1Opinion of the CourtWalkeb, P. J.
This is an action brought by the appellee against the appellant to recover damages for alleged injury to a piano and a lot of household goods received by the defendant as a common carrier, to be delivered at a point on its own line; the complaint alleging that the articles were “damaged in transit by leaky roof of car.” By several special pleas, varying somewhat in their averments, the defendants set up, as a defense to the suit, that the bill of lading under which the shipment was made contained a provision to the effect that property destined to a station at which there is no regularly…
2Cases cited4 opinions
- South & North Ala. Railroad v. WoodSupreme Court of Alabama · 1880
- Allam v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
- South & North Alabama Railroad v. WoodSupreme Court of Alabama · 1881
- Hill v. St. Louis Southwestern RailroadSupreme Court of Arkansas · 1900
3Cited by5 opinions
- Barclay v. Southern Railway Co.Alabama Court of Appeals · 1912
- Brennfleck v. Mobile & Ohio R. R.Supreme Court of Alabama · 1913
- Georgia Cotton Co. v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1917
- Massee & Felton Lumber Co. v. Southern Railway Co.Court of Appeals of Georgia · 1929
- Veitch v. Illinois Cent. R. R.Alabama Court of Appeals · 1915