Central of Georgia Railway Co. v. Henderson
Supreme Court of Alabama
Action for Damages for Failure to Deliver Goods. Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by J. M. Henderson against the Central of Georgia Rad way Company. Prom a judgment for plaintiff, defendant appeals.
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Action for Damages for Failure to Deliver Goods. Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by J. M. Henderson against the Central of Georgia Rad way Company. Prom a judgment for plaintiff, defendant appeals. This cause was tried upon the following counts: Count 1: “Plaintiff claims of the defendant $150 as damages for the failure to deliver certain goods, viz., one mule received by it as a common carrier to be delivered to plaintiff at Searight for a reward, which it fails to deliver.” Count 3: “Plaintiff further claims of the defendant $150 as damages, for that…
1Opinion of the CourtTyson, C. J.
The third count of the complaint predicated the plaintiff’s right of recovery upon the facts alleged that defendant was a common carrier and as such received 28 mules, to be transported to Searight, Ala., to be there delivered to plaintiff for a reward, and that it failed to deliver one of said mules. The defendant undertook by several special pleas to invoke as a defense that provision of the bill of lading which is in this language: “It is further agreed, for the consideration before mentioned, that as a condition precedent to his right to recover any damages for loss or injury to said…
2Cases cited2 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. BallTexas Supreme Court · 1891
- Hodge v. TuftsSupreme Court of Alabama · 1896
3Cited by3 opinions
- Comer v. FranklinSupreme Court of Alabama · 1910
- Nashville, C. & St. L. Ry. v. HindsSupreme Court of Alabama · 1912
- Northern Alabama Railway Co. v. BidgoodAlabama Court of Appeals · 1912