Louisville & Nashville R. R. v. Oden
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Tried before the lion. H. C. Speake. This action was brought by A. A. Odeu, surviving partner of Oden & Bibb, against the Louisville and Nashville Railroad Company, to recover damages for the loss, by fire, of a bale of cotton shipped by plaintiff on defendant’s railroad from Ilartsell, in Morgan county, Ala., consigned to Trabrue & Co., Louisville, ICy., and was commenced on the 20th of March, 1885. Defendant pleaded specially the contract…
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Appeal from Morgan Circuit Court. Tried before the lion. H. C. Speake. This action was brought by A. A. Odeu, surviving partner of Oden & Bibb, against the Louisville and Nashville Railroad Company, to recover damages for the loss, by fire, of a bale of cotton shipped by plaintiff on defendant’s railroad from Ilartsell, in Morgan county, Ala., consigned to Trabrue & Co., Louisville, ICy., and was commenced on the 20th of March, 1885. Defendant pleaded specially the contract with plaintiff “that said company should not be liable for loss or damage, of said bale of cotton, by fire, while in…
1Opinion of the CourtClopton, J.
The defendant requested the court to instruct the jury, in substance, that if the consignees for any reason were not present to receive the cotton, when unloaded from the car, and in consequence it was placed in the depot, the transit ceased, and defendant would be held only to the care of a warehouseman. The proposition of the charge makes it incumbent on the consignee to be present, and ready to receive the freight, whenever it is taken from the car. The jrule as settled in this State is, that the consignee is allowed a iireasonable time to remove the goods after they arrive at the .place…
2Cases cited10 opinions
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Steele v. TownsendSupreme Court of Alabama · 1861
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
- South & North Ala. Railroad v. WoodSupreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Central of Georgia Railway Co. v. LippmanSupreme Court of Georgia · 1900
- Schaller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- Tallassee Falls Manufacturing Co. v. Western RailwaySupreme Court of Alabama · 1900
- Mouton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900
25 more not listed; retrieve them via the Exa API.