South-Western Railroad v. Webb
Supreme Court of Alabama
Appeal from the City Court of Eufaula. Tried before Hon. E. M. Kells. This was an action brought by appellee, against the appellant, to recover damages for its failure to deliver three bales of cotton, received and accepted by it as a common carrier, for transportation, &c.
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Appeal from the City Court of Eufaula. Tried before Hon. E. M. Kells. This was an action brought by appellee, against the appellant, to recover damages for its failure to deliver three bales of cotton, received and accepted by it as a common carrier, for transportation, &c. The evidence offered tends to show that the plaintiff, by his agent, the wagoner who hauled his cotton to the railroad depot, informed the railroad agent, at the depot to which the cotton was carried to be shipped, that he had some nine bales of cotton which he wished shipped .at that particular station, which was in the…
1Opinion of the CourtPeters, J.
It is now too well settled in this State to admit of question, that railroad companies are common carriers, and as such, that they are amenable to the liabilities imposed by the law applicable to common carriers, as the same is administered in this State.—Selma & Meridian R. R. Co. v. Butts & Foster, 43 Ala. R. 385; Jeremy’s Law of Carriers, 4, chap. 1; Redf. on Car. p. 27, chap. 3, § 37, and the numerous authorities cited in the notes. There is no question made in this .court as to the place of making the contract of transportation, or undertaking the duty to transport. The proceeding will,…
2Cases cited3 opinions
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Merriam v. Hartford & New-Haven Rail-roadSupreme Court of Connecticut · 1850
- Battle v. WeemsSupreme Court of Alabama · 1870
3Cited by4 opinions
- Burrowes v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1909
- Standard Combed Thread Co. v. Pennsylvania RailroadSupreme Court of New Jersey · 1915
- Behrman v. A.C.L.R. R. Co.Supreme Court of South Carolina · 1921
- Louisville N. R. Co. v. LongSupreme Court of Alabama · 1925