Mobile & Ohio Railroad v. Hopkins
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before tbe Hon. H. Chamberlain. This action was brought by Mrs. Julia A. Hopkins, against the appellant, and was commenced on the 30th October, 1866. The complaint contained two counts, which were in the following words : (1.) “ The plaintiff claims of the defendant fifteen hundred dollars, as damages, for the failure to deliver certain goods, viz.,” (specifying them,) “all the property of the plaintiff, of great value, to-wit, of…
Read the full summary
Appeal from tbe City Court of Mobile. Tried before tbe Hon. H. Chamberlain. This action was brought by Mrs. Julia A. Hopkins, against the appellant, and was commenced on the 30th October, 1866. The complaint contained two counts, which were in the following words : (1.) “ The plaintiff claims of the defendant fifteen hundred dollars, as damages, for the failure to deliver certain goods, viz.,” (specifying them,) “all the property of the plaintiff, of great value, to-wit, of the value of fifteen hundred dollars, received by the defendant, as a common carrier, to be delivered to the plaintiff…
1Opinion of the CourtJudge, J.
The common carrier is subjected by the law to a severe responsibility. He is not only responsible for losses and injuries caused by his negligence, but the law raises an absolute and conclusive presumption of negligence, whenever the loss occurs from any other cause than “ the act of God, or the public enemy.” And this rule of the law, it is said, is at least as ancient as the reign of Elizabeth.—2 Parsons on Contracts, 158.
This responsibility, being founded on the most salutary grounds of public policy, was originally considered as beyond the reach of the carrier himself, and as beyond the…
2Cases cited3 opinions
- Steele v. TownsendSupreme Court of Alabama · 1861
- Wells v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- Ohio & Mississippi Railroad v. MuhlingIllinois Supreme Court · 1861
3Cited by27 opinions
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- G., C. & S. F. R'y Co. v. McGownTexas Supreme Court · 1886
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Griswold v. New York & New England RailroadSupreme Court of Connecticut · 1885
22 more not listed; retrieve them via the Exa API.