Steele v. Townsend
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by the appellee, to recover oí' the appellants $82 32, “ for freight, primage and average, due from said defendants to plaintiff, upon, for, and in respect of the conveyance of divers goods, merchandize and chattels, on board the plaintiff’s schooner B. W. Tull, from the port of Philadelphia to the port of Mobile j” and the complaint also contained a count for work and labor,…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by the appellee, to recover oí' the appellants $82 32, “ for freight, primage and average, due from said defendants to plaintiff, upon, for, and in respect of the conveyance of divers goods, merchandize and chattels, on board the plaintiff’s schooner B. W. Tull, from the port of Philadelphia to the port of Mobile j” and the complaint also contained a count for work and labor, and a count on an account stated. The defendants pleaded, “in short by consent, payment,.set-off, and non-assumpsit.”…
1Opinion of the CourtR. W. Walker, J.
1. Whatever doubts may at one time have been entertained on the subject, it is now well settled, that, although a common carrier cannot limit the liability which the common law devolves on him by any .general notice, he may do so by special contract with tbe shipper. — Dorr v. N. J. Steam Nav. Co., 1 Kernan, 490-91 ; S. C., 4 Sandf. Sup. Ct. R. 141-2; N. J. Steam Nav. Co. v. Merchants’ Bank, 6 Howard, 382 ; Ang. Carriers, §§ 220, 221, 225, 233; 1 Parsons on Contr. 203-4. And it seems; to be considered, that a bill of lading, given by the carrier; on receipt of the goods, and accepted by the…
2Cases cited4 opinions
- Coosa River Steamboat Co. v. BarclaySupreme Court of Alabama · 1857
- Whitesides v. RussellSupreme Court of Pennsylvania · 1844
- Atwood v. Reliance Transportation Co.Supreme Court of Pennsylvania · 1839
- O'Grady v. JulianSupreme Court of Alabama · 1859
3Cited by48 opinions
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Ex parte Louisville & Nashville R. R.Supreme Court of Alabama · 1912
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
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