Central of Ga. Ry. Co. v. Chicago Varnish Co.
Supreme Court of Alabama
Damage for 'Loss of Freight. Appeal from Geneva Circuit Court. Heard, before Hon. H. A. Pearce. Action by the Chicago Varnish Company against the Central of Georgia Railway Company, for damages for failure to deliver freight. Judgment for plaintiff and defendant appeals.
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Damage for 'Loss of Freight. Appeal from Geneva Circuit Court. Heard, before Hon. H. A. Pearce. Action by the Chicago Varnish Company against the Central of Georgia Railway Company, for damages for failure to deliver freight. Judgment for plaintiff and defendant appeals. The rule of presumptive injury as between several connecting carriers is that if any part of the goods are received by the delivering carrier, then the last connecting carrier is presumed to have caused the injury and is liable therefor. Mont. Ry. Co. v. Culver, 75 Ala. 587; L. & N. R. R. Co. v. Jones, 100 Ala. 265. This…
1Opinion of the CourtSayre, J.
This suit was for a failure to deliver 448 gallons of turpentine spirits. The complaint is in code form, and is ex contractu. The spirits had been consigned by the Jackson Lumber Company to the plaintiff company in Chicago in 1905. When the tank car in which the shipment was made arrived at is destination. it was found that a part of its original contents *289(according to plaintiff’s contention) had disappeared. Plaintiff insisted that the shortage resulted from a leak in the tank. Pleas 7 and 8 put forward the defense that the spirits had been shipped in a car belonging to and furnished by the…
2Cases cited8 opinions
- Montgomery & Eufaula Railway Co. v. CulverSupreme Court of Alabama · 1884
- Gilliland v. Dunn & Co.Supreme Court of Alabama · 1902
- Jones v. Cincinnati, Selma & Mobile RailroadSupreme Court of Alabama · 1889
- Ritch v. ThorntonSupreme Court of Alabama · 1880
- Cooper & Co. v. Geo. Pac. Railway Co.Supreme Court of Alabama · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Arrick v. FanningAlabama Court of Appeals · 1950
- Ivory v. StateSupreme Court of Alabama · 1939
- Feazell v. CampbellSupreme Court of Alabama · 1978
19 more not listed; retrieve them via the Exa API.