Ala. Great Southern Railroad v. Eichofer
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried before tbe Ron. James J. Banks. Action by C. Eicbofer against tbe Alabama Great Southern Railroad Company to recover for its failure to deliver certain goods in New York.
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Appeal from tbe Circuit Court of Jefferson. Tried before tbe Ron. James J. Banks. Action by C. Eicbofer against tbe Alabama Great Southern Railroad Company to recover for its failure to deliver certain goods in New York. Tbe complaint was in compliance witb form No. 15, p. 793, of tbe Code of 1886. Tbe goods were shipped July 19, 1888, and tbe present suit was commenced November 12, 1891. Tbe defendant issued a through bill of lading to tbe plaintiff; did not limit its liability over its own road, but agreed to deliver tbe goods mentioned in said bill of lading in the city of New York. Tbe…
1Opinion of the CourtMcCLELLAN, J.
This is an action ex contractu for the non-delivery of goods by a common carrier in violation of the contract of carriage. It was well brought within six years under section 2615 of the Code, and the demurrer to defendant’s plea of the statute of limitations of one year. Code, § 2619—was properly sustained.
The shipment was made over defendant’s line at Birmingham, Ala., to New York on July 19fch, 1888. Defendant’s evidence goes to show that the goods arrived at the depot of the Pennsylvania railway in New York on August 11th, 1888, and thence on for three years were properly stored there…
2Cited by5 opinions
- Holland v. Southern Express Co.Supreme Court of Alabama · 1896
- Murray v. Wishkah Boom Co.Washington Supreme Court · 1913
- Southern Railway Co. v. RosenbergSupreme Court of Alabama · 1900
- Louisville & Nashville Railroad v. Brinkerhoff & Co.Supreme Court of Alabama · 1898
- McDaniel v. JohnstonSupreme Court of Alabama · 1895