Boon v. Steamboat Belfast
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. H. Chamberlain. The appellants in this case filed a libel in admiralty, on . the 30th March, 1866, against the steamboat Belfast-, claiming fifty-eight hundred dollars, the alleged value of twenty-nine bales of cotton, which, with other bales, were shipped on said boat at Columbus, Mississippi, to be transported to Mobile, and were never delivered to the consignees.
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Appeal from the City Court of Mobile. Tried before the Hon. H. Chamberlain. The appellants in this case filed a libel in admiralty, on . the 30th March, 1866, against the steamboat Belfast-, claiming fifty-eight hundred dollars, the alleged value of twenty-nine bales of cotton, which, with other bales, were shipped on said boat at Columbus, Mississippi, to be transported to Mobile, and were never delivered to the consignees. B. C. Nelson and A. F. Hurtel intervened as owners of the boat, and filed an answer to the libel, alleging that the boat, while moving down the river-y'was forcibly…
1Opinion of the CourtJudge, J.
The respondents, in their answer to the libel, made the following averment in substance, as one of their grounds of defense: “That it is the universal practice and understanding, amongst all persons navigating the waters of the Tombigbee river, and of all persons shipping-cotton to Mobile on said river, that where cotton is received on board of a steamboat, to be transported to Mobile, if the boat is captured by armed men, and the cotton thereby lost to the owner or owners, without any fault or neglect of the officers or crew of the boat, neither the boat nor the *186owners of the boat are liable…
2Cases cited13 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1856
- Hibler v. McCartneySupreme Court of Alabama · 1858
- West, Oliver & Co. v. BallSupreme Court of Alabama · 1847
- Steele v. McTyer's Adm'rSupreme Court of Alabama · 1858
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3Cited by8 opinions
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Williams v. NinemireWashington Supreme Court · 1900
- Atlantic C. L. Ry. Co. v. Enterprise Cotton Co.Supreme Court of Alabama · 1917
- Richmond & Danville Railroad v. HissongSupreme Court of Alabama · 1892
- Barron v. Mobile & Ohio RailroadAlabama Court of Appeals · 1911
3 more not listed; retrieve them via the Exa API.