South & North Alabama Railroad v. Henlein
Supreme Court of Alabama
Appeal from Circuit Court of Montgomery. Tried before Hon. James Q. Smith. This was an action brought by the appellees, Henlein & Barr, against the appellant, the South & North _ Alabama Railroad Company, for the failure to deliver a steer received for transportation to Montgomery, Ala.
Read the full summary
Appeal from Circuit Court of Montgomery. Tried before Hon. James Q. Smith. This was an action brought by the appellees, Henlein & Barr, against the appellant, the South & North _ Alabama Railroad Company, for the failure to deliver a steer received for transportation to Montgomery, Ala. The steer and nineteen other cattle were delivered at Nashville to the Louisville & Nashville Railroad Company, for transportation to Montgomery, Ala., under a special contract of shipment signed by the railroad agent and the owners of the stock. This contract, after reciting the receipt of the cattle, name of…
1Opinion of the CourtBrickell, C. J.
The contract of shipment contemplates that the owner or his agent shall attend the live-stock while in the cours.e of transportation, and imposes on him the duty of feeding and watering them, at his own expense, if delays or accidents occurred. The stock left the place of shipment in charge of an agent of the owner, who was with them, when delivered to the appellant. The cause of the death of the animal, for the loss of which a recovery is sought in this case, was matter of controversy in the circuit court. Delays in transportation had occurred, and it may have been supposed the want of food…
2Cases cited13 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Steele v. TownsendSupreme Court of Alabama · 1861
- Robert Boyce, in Error v. Paul Anderson, in ErrorSupreme Court of the United States · 1829
8 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Railway Co. v. WynnTennessee Supreme Court · 1890
- East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
47 more not listed; retrieve them via the Exa API.