Western Railway v. Little
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by C. E. Little against the appellant corporation, to recover damages for the loss of goods which were destroyed by fire in the defendant’s depot at Auburn, on Sunday night, October 10th, 1886; and was commenced on the 4th January, 1887. The goods were bought by the plaintiff in Montgomery, and were delivered to the defendant for transportation to Auburn, where they…
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Appeal from tbe Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by C. E. Little against the appellant corporation, to recover damages for the loss of goods which were destroyed by fire in the defendant’s depot at Auburn, on Sunday night, October 10th, 1886; and was commenced on the 4th January, 1887. The goods were bought by the plaintiff in Montgomery, and were delivered to the defendant for transportation to Auburn, where they arrived on Sunday morning, October 9th, between the hours of ten and eleven o’clock; and they were there stored in the…
1Opinion of the CourtClopton, J.
The goods, to recover the value of which this action is brought by appellee, were transported by defendant, October 9, 1886, from Montgomery to Auburn, Alabama, the latter being the place to which they were consigned. They arrived at the point of destination, and were stored in the company’s depot, by eleven o’clock of the same day. During the night of the next day, the depot was burned, and the goods destroyed. The bill of lading, under which they were shipped, contained a stipulation, that the company will not “hold themselves liable for damages (either from fire or other cause), as common…
2Cases cited7 opinions
- Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
- State Auditor v. Jackson CountySupreme Court of Alabama · 1880
- Gashweiler v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Rice v. HartMassachusetts Supreme Judicial Court · 1875
- Buckley v. Great Western Railway Co.Michigan Supreme Court · 1869
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3Cited by4 opinions
- Columbus & Western Railway Co. v. Ludden & BatesSupreme Court of Alabama · 1889
- Anniston & Atlantic Railroad v. Ledbetter & FarmerSupreme Court of Alabama · 1890
- Central of Ga. Ry. Co. v. Merrill & Co.Supreme Court of Alabama · 1907
- Georgia Cotton Co. v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1917