Nashville, C. & St. L. Ry. Co. v. Camper
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Action by F. O. Camper against the Nashville, Chattanooga & St. Louis Railway Company for damages for failure to deliver stock. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Action by F. O. Camper against the Nashville, Chattanooga & St. Louis Railway Company for damages for failure to deliver stock. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The following is plea 3: That the contract between plaintiff and defendant contained a clause in substance that as a condition precedent to the recovery of any damages for any loss or injury to live stock covered by the contract for the claim therefor to some general officer, or to nearest…
1Opinion of the CourtMcCLELLAN, J.
The complaint counts on the contract of carriage by a common carrier, and is not in tort, for the breach of a duty arising out of the contract of affreightment. The appellee (plaintiff) delivered to the appellant (defendant) 35 head of cattle to be transported from Hobbs Island, Ala., to Louisville, Ky. While the hill of lading issued to the shipper contained the station Nashville (presumably Tennessee, though the state is not given) at one place in specifying the destination of the shipment, yet it is plain from a view of the whole instrument that the writing in of the station Nashville was…
2Cases cited6 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
- Northern Pacific Railway Co. v. WallSupreme Court of the United States · 1916
- Chesapeake & Ohio Railway Co. v. McLaughlinSupreme Court of the United States · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Reynolds v. MasseySupreme Court of Alabama · 1929
- Davis v. DawkinsSupreme Court of Alabama · 1922
- Louisville N. R. Co. v. FinlaySupreme Court of Alabama · 1936
- Louisville N. R. Co. v. JonesSupreme Court of Alabama · 1924
- Atlantic Coastal Line R. Co. v. HolmanSupreme Court of Alabama · 1947