Southern Express Co. v. Crook
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before Hon, B. L. Whelan. This was an action by the appellee, Crook, against the Southern Express Company, as a common carrier, to recover damages for the failure to deliver two bales of cotton which defendant undertook to carry from Blue Mountain to Selma, and there deliver to Williams & Boyd, as agents for the plaintiff. The complaint is in the form given in the Eevised Oode fop complaint against a common carrier.
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Appeal from the Circuit Court of Dallas. Tried before Hon, B. L. Whelan. This was an action by the appellee, Crook, against the Southern Express Company, as a common carrier, to recover damages for the failure to deliver two bales of cotton which defendant undertook to carry from Blue Mountain to Selma, and there deliver to Williams & Boyd, as agents for the plaintiff. The complaint is in the form given in the Eevised Oode fop complaint against a common carrier. No pleas appear to have been filed. On the trial in the court below, the plaintiff introduced the following receipt, executed by the…
1Opinion of the CourtPeck, C. J.
Express companies were originally formed for the purpose of carrying and transporting, mainly, money, treasure, and other valuables, and the value, rather than the weight or size of the parcel or package, was looked to in determining the price to be charged for the transportation, and the risk thereby incurred.
There was, therefore, great propriety in having the value of the articles known, that the carrier might understand the extent of his responsibility, and also have some reasonable data to govern him, as to the compensation to be charged for the care and dangers he took upon himself.
Of…
2Cases cited1 opinion
- Mobile & Ohio Railroad v. HopkinsSupreme Court of Alabama · 1868
3Cited by6 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Southern Express Co. v. HessSupreme Court of Alabama · 1875
- Houtz v. Union Pac. R.Utah Supreme Court · 1908
- Rosenstein v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1884
1 more not listed; retrieve them via the Exa API.