Louisville & Nashville Railroad v. Carl
Supreme Court of Alabama
Appeal from the Circuit Court, of Escambia. Tried before tire Eton. John F. Hubbard. cited Ware v. Morgan, 67 Ala. 461; Wood v. Brown, 57 Ala. 515; A. G. 8. Railroad Co. v. Jlaiok, 72 Ala. 1.12; M. c& C. Railroad Co.v. Maples, 63 Ala. 461. cited 2 Greenl. Ev. gg 213, 440; .Burks v. LLubbard, 69 Ala. 383; Elliott v. Blocks, 67 Ala. 301; 7 Amer. & Eng. Encyc. Law, 66.
1Opinion of the CourtStone, C. J.
This is a suit against the railroad company as a common carrier. The complaint is, that the railroad company received from a connecting railroad line a lot of merchandise (tobacco) to be delivered to plaintiff at Brewton, Alabama, the infice of consignment, and that there was a failure 1o deliver the merchandise when called for. There was no direct, positive proof that the merchandise, which was shipped from Lynchburg, Virginia, ever reached the defendant railroad; and we suppose the defense was rested mainly, if not entirety, on that 'ground. Fagan Avas the agent of the railroad com-2>any,…
2Cases cited4 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
- Memphis & Charleston Railroad v. MaplesSupreme Court of Alabama · 1879
- Hames v. BrownleeSupreme Court of Alabama · 1881
3Cited by9 opinions
- Crain v. WestCourt of Appeals of Kentucky · 1921
- Couch v. HutchersonSupreme Court of Alabama · 1942
- Meredith v. MeredithCourt of Appeals of Kentucky · 1921
- C. C. Snyder Cigar & Tobacco Co. v. StuttsSupreme Court of Alabama · 1926
- Cone v. RaganSupreme Court of Alabama · 1972
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