Central of Georgia Railway Co. v. Patterson
Alabama Court of Appeals
Appeal from Russell Circuit Court. Heard, before Hon. M. Sollie. Action by E. M. Patterson against the Central of Georgia Railway Company for damage for loss or injury to goods by fire. Judgment for plaintiff and defendant appeals.
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Appeal from Russell Circuit Court. Heard, before Hon. M. Sollie. Action by E. M. Patterson against the Central of Georgia Railway Company for damage for loss or injury to goods by fire. Judgment for plaintiff and defendant appeals. Reversed The contract set up by replication No. 2, is violative of the Elkins and the Interstate Commerce Acts, and hence, the demurrers to the replications should .have been sustained. — G. of Get. v. Sims, 169 Ala. 295; Gastle v. B. é O. R. R. Go., 8 I. C. C. R. 333. Charge 1 ought to have been given, as defendant’s common law liability ceased after appellee had…
1Opinion of the CourtPelham, J.
The appellant was sued in the court below as a common carrier for failure to deliver certain goods, and set up by special plea, as a defense to the action, that it had carried out its contract of carriage by safely transporting the goods to the point of destination and storing them in its freight depot or warehouse at the point of destination, where they remained for a reasonable length of time without having been removed by the plaintiff — consignee—and were, without fault upon the part of the defendant, destroyed by fire.
The plaintiff filed a special replication to this plea, setting up a…
2Cases cited6 opinions
- Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
- Wight v. United StatesSupreme Court of the United States · 1897
- Interstate Commerce Commission v. Detroit, Grand Haven & Milwaukee Railway Co.Supreme Court of the United States · 1897
- West Virginia Northern R. v. United States ex rel. Kingwood Coal Co.Court of Appeals for the Fourth Circuit · 1904
- United States ex rel. Kingwood Coal Co. v. West Virginia Northern R.U.S. Circuit Court for the District of Northern West Virginia · 1903
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3Cited by5 opinions
- Central of Georgia Railway Co. v. Birmingham Sand & Brick Co.Alabama Court of Appeals · 1913
- Central of Georgia Ry. Co. v. PattersonAlabama Court of Appeals · 1919
- Central of Ga. Ry. Co. v. PattersonAlabama Court of Appeals · 1915
- Louisville & N. R. v. A. H. Cleaver & Co.Supreme Court of Alabama · 1924
- Louisville & N. R. v. Kilby Car & Foundry Co.Supreme Court of Alabama · 1917