Haynie v. Waring & Co.
Supreme Court of Alabama
Appeal fi'om the City Court of Mobile. Tried, before- the Hon. Alex. McKinstey. This action was brought by the appellant against the owners of the steamboat ‘ Sallie Spann’, to recover damages for the defendants’ failure to deliver a cash letter, containing $400 in bank-notes, which was delivered to the first clerk of said boat by McDowell, Withers & Co., at Mobile, to be carried to the plaintiff in Pickens county.
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Appeal fi'om the City Court of Mobile. Tried, before- the Hon. Alex. McKinstey. This action was brought by the appellant against the owners of the steamboat ‘ Sallie Spann’, to recover damages for the defendants’ failure to deliver a cash letter, containing $400 in bank-notes, which was delivered to the first clerk of said boat by McDowell, Withers & Co., at Mobile, to be carried to the plaintiff in Pickens county. The complaint contained two counts ; the first alleging that the letter was received by the defendants, “ as common carriers, to be delivered to the plaintiff in Pickens county,…
1Opinion of the CourtRice, C. J.
1. There is nothing in the first charge of the court, when construed in connection with the evidence, which in any manner conflicts with the provisions of the statutes of the United States cited by the appellant’s counsel, or with the provisions of any other act of congress known to ■ us. The design of those acts of congress was not to impose upon the owners of steamboats the responsibilities of common carriers, in favor of a third person who has contracted for no more than.the diligence of a mandatory in the carrying of bank-bills, Knox v. Rives, Battle & Co., 14 Ala. 249 ; Sewall v. Allen,…
2Cases cited4 opinions
- Sewall v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1830
- Tracy v. WoodU.S. Circuit Court for the District of Rhode Island · 1822
- Tompkins v. SaltmarshSupreme Court of Pennsylvania · 1826
- Knox v. Rives, Battle & Co.Supreme Court of Alabama · 1848
3Cited by6 opinions
- Ridgely Operating Co. v. WhiteSupreme Court of Alabama · 1933
- Melbourne & Troy v. Louisville & Nashville RailroadSupreme Court of Alabama · 1889
- Thomas v. HackneySupreme Court of Alabama · 1915
- Wurtzburger v. OglesbySupreme Court of Alabama · 1930
- Alabama Great Southern R. Co. v. HerringSupreme Court of Alabama · 1937
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