Southern Railway Co. v. Jones
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. A. A. Coleman. Action by Inez B. Jones against the Southern Railway Company.
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Appeal from Jefferson Circuit Court. Tried before Hon. A. A. Coleman. Action by Inez B. Jones against the Southern Railway Company. The complaint claimed fl,500 as damages “for that defendant, on the 6th day of November, 1899, was engaged in the business of a common carrier of live stock, from Anniston, Alabama, to Birmingham!, Alabama, and as such common carrier of live stock undertook to carry a mare, the property of plaintiff, from said Anniston to said Birmingham, and it became and was defendant’s duty to use due care to safely deliver said' mare at said Birmingham to the consignee,…
1Opinion of the Court
McCLELLAN, C. J.(1) It is conceived to be settled in Alabama on principles of public policy that a common carrier cannot contract at all for immunity from liability for the; loss of or injury to- property re-*441suiting from his own or his servant’s negligecne. (2) It is conceived to be settled in this State also that in consideration of reduced freight charges and the like, the shipper and the carrier may contract that in case of loss or injury, whether resulting from negligence or other cause, the value of the property at the time and place of shipment not exceeding an expressed sum shall be…
2Cases cited2 opinions
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Nuckols v. StateSupreme Court of Alabama · 1895
3Cited by23 opinions
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Housing Authority of Birmingham Dist. v. MorrisSupreme Court of Alabama · 1943
- Southern Express Co. v. GibbsSupreme Court of Alabama · 1908
- Alabama Power Co. v. EmensSupreme Court of Alabama · 1934
- Ex Parte Mobile Light R. Co.Supreme Court of Alabama · 1918
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