Ala. Great Southern Railroad v. Thomas & Sons
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. S. H. Sprott. This action was brought by E. B. B. Thomas & Sons, suing as partners, to recover damages for injuries to cattle received by the defendant, as a common carrier, at Epes’ Station on its road, on the 29th April, 1886, to be delivered to O. C. Thomas, at New Orleans; the complaint alleging that “the cattle were bruised and injured while in charge of said defendant, and in route to their destination, and…
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Appeal from the Circuit Court of Sumter. Tried before the Hon. S. H. Sprott. This action was brought by E. B. B. Thomas & Sons, suing as partners, to recover damages for injuries to cattle received by the defendant, as a common carrier, at Epes’ Station on its road, on the 29th April, 1886, to be delivered to O. C. Thomas, at New Orleans; the complaint alleging that “the cattle were bruised and injured while in charge of said defendant, and in route to their destination, and that said defendant was guilty of negligence in reference to said cattle, in this, that it failed to provide bedding…
1Opinion of the CourtStone, C. J.
— The contract of the appellees with the appellant railroad company did not require the latter to deliver the cattle at New Orleans, Louisiana. It did, however, require of it that it should safely transport to Meridian, and there deliver them to the connecting road, to be by the latter forwarded to its terminus, and thence again delivered to its connecting road, and so on to the consignee at New Orleans. The entire duty of the transportation did not rest on the receiving road, nor on any one of the connecting roads. Each road was severally accountable for its own separate conduct, in…
2Cases cited11 opinions
- Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
- Steele v. TownsendSupreme Court of Alabama · 1861
- Buckland v. Adams Express Co.Massachusetts Supreme Judicial Court · 1867
- Louisville & Nashville Railroad v. WhitmanSupreme Court of Alabama · 1885
- Montgomery & Eufaula Railway Co. v. CulverSupreme Court of Alabama · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Jones v. Cincinnati, Selma & Mobile RailroadSupreme Court of Alabama · 1889
- Louisville N. R. Co. v. JohnsSupreme Court of Alabama · 1953
- Ala. Great Southern Railroad v. Thomas & SonsSupreme Court of Alabama · 1889
- Alabama Great Southern Railroad v. Louisville & Nashville RailroadDistrict Court, N.D. Alabama · 1955
10 more not listed; retrieve them via the Exa API.