Moore v. Mayor of Mobile
Supreme Court of Alabama
Joseph W. Moore brought an action on the case against the mayor and aldermen of the city of Mobile, in the Circuit Court of Mobile county; and declared specially for the loss by the negligence of the defendants, of a certain quantity of gun powder, which had been delivered to them under the city ordinance, which was recited.
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Joseph W. Moore brought an action on the case against the mayor and aldermen of the city of Mobile, in the Circuit Court of Mobile county; and declared specially for the loss by the negligence of the defendants, of a certain quantity of gun powder, which had been delivered to them under the city ordinance, which was recited. The defendants plead the general issue ; and at the April term, 1827', a trial was had before the Chief Justice, and a verdict was found for the defendants. At the trial, a bill of exceptions was taken by the plaintiff, shewing that it was proved before the jury, that he…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the Court.
In support of the plaintiff’s position, it is contended that the liability which the law, from principles of public *287policy to prevent collusion with thieves, imposes on common carriers, should, from the same policy, and for the same reason, be required at the hands of these defendants. We can'find no decision which would bear us out in the application of this principle, (severe in itself and existing only in a few instances from the force of policy alone,) to the present case. Courts hate heretofore been cautious in extending it, and we feel…
2Cited by8 opinions
- Housing Authority of Birmingham Dist. v. MorrisSupreme Court of Alabama · 1943
- Thompson v. Mobile Light & R.Supreme Court of Alabama · 1924
- Prince v. Alabama State FairSupreme Court of Alabama · 1894
- Seals v. EdmondsonSupreme Court of Alabama · 1882
- Central Railroad & Banking Co. v. LampleySupreme Court of Alabama · 1884
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