Cox v. Peterson
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Trie'd before the Hon. Thomas A. "WaleeR. This action was brought by M. "W. Peterson against Cox, Brainard & Co., to recover damages for the defendants’ failure to deliver at Columbus, Mississippi, certain goods which were shipped at Mobile, by Calvert & Co.? 011 board the steamboat Eliza Battle, of which the defendants were the owners, to be delivered to the plaintiff at Columbus; and which were carried up the river as far as…
Read the full summary
Appeal from the Circuit Court of Mobile. Trie'd before the Hon. Thomas A. "WaleeR. This action was brought by M. "W. Peterson against Cox, Brainard & Co., to recover damages for the defendants’ failure to deliver at Columbus, Mississippi, certain goods which were shipped at Mobile, by Calvert & Co.? 011 board the steamboat Eliza Battle, of which the defendants were the owners, to be delivered to the plaintiff at Columbus; and which were carried up the river as far as Newport, 35 or 40 miles below Columbus, the highest point to which the low stage of the water permitted the boat to ascend the…
1Opinion of the CourtRice, C. J.
The defendants are common carriers. The bill of lading, delivered by them to the consignor,, the agent of the plaintiff, contains their contract with the plaintiff. They cannot be permitted to add other terms to that written contract, or to contradict or vary it, either by a writing in the form of a bill of lading subsequently sent by them to the plaintiff, or by parol evidence. — West v. Kelly, 19 Ala. 353; Cole v. Spann, 13 Ala. 537, and authorities cited for appellee.
The main question is not one of actual blame, but of legal obligation. The contract of the defendants, as common carriers,…
2Cases cited6 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- Parsons v. HardyNew York Supreme Court · 1835
- West v. Kelly's Ex'rsSupreme Court of Alabama · 1851
- Leavitt v. SmithSupreme Court of Alabama · 1844
- Waters v. SpencerSupreme Court of Alabama · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tallassee Falls Manufacturing Co. v. Western RailwaySupreme Court of Alabama · 1900
- Inman & Co. v. Seaboard Air Line Ry. Co.U.S. Circuit Court for the Southern District of Georgia · 1908
- Boon v. Steamboat BelfastSupreme Court of Alabama · 1866
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. BarrettOhio Supreme Court · 1881