Mobile & Girard Railroad v. Copeland
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. .Tried before the Hon. H. 3). Clayton. This action was brought by John T. Copeland against the appellant, as a common carrier, to recover $1200 “as damages for the failure to deliver certain goods, to-wit, one bale of bedding, received by the said railroad company as a common carrier, at Troy, Alabama, on the 20th November, 1877, to be delivered to the plaintiff at Texarkana, Texas, for a reward; which said railroad company failed to…
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Appeal from the Circuit Court of Pike. .Tried before the Hon. H. 3). Clayton. This action was brought by John T. Copeland against the appellant, as a common carrier, to recover $1200 “as damages for the failure to deliver certain goods, to-wit, one bale of bedding, received by the said railroad company as a common carrier, at Troy, Alabama, on the 20th November, 1877, to be delivered to the plaintiff at Texarkana, Texas, for a reward; which said railroad company failed to do.” The only plea was the general issue, and the cause was tried on issue joined on that plea. On the .trial, as appears…
1Opinion of the CourtBrickell, C. J.
The liability of a common carrier, receiving goods for transportation, directed to a place beyond the terminus of his own line or route, who does not by express agreement limit his duty and responsibility for the non-delivery of the goods at the point of destination, is for the first time presented for the consideration and decision of *222this court. The importance of the question is manifest, and it is to be regretted that it is embarrassed by an irreconcilable conflict of authority in this country. In Ellsworth v. Tartt, 26 Ala. 733, as in M. & W. R. R. Co. v. Moore, 51 Ala. 394, the question…
2Cases cited2 opinions
- Montgomery & West Point Railroad v. MooreSupreme Court of Alabama · 1874
- Ellsworth v. TarttSupreme Court of Alabama · 1855
3Cited by10 opinions
- Montgomery & Eufaula Railway Co. v. CulverSupreme Court of Alabama · 1884
- Jones v. Cincinnati, Selma & Mobile RailroadSupreme Court of Alabama · 1889
- Walter v. Alabama Great Southern R. R.Supreme Court of Alabama · 1904
- Ala. Great Southern Railroad v. Thomas & SonsSupreme Court of Alabama · 1887
- Ala. Gt. So. Railroad v. Mt. Vernon Co.Supreme Court of Alabama · 1887
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