Winston v. Cox, Brainard & Co.
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Henry Chamberlain. ' This action was brought by Walter C. Winston, against Cox, Brainard & Co., as the owners, and Horace Buckley as the master of the steamboat -Cremona, to recover the sum of $4,800, which was alleged to be -double the value of certain machinery belonging to the plaintiff, which had been shipped on the defendants’ said steamboat, and which they had landed at a point less than ten-feet perpendicular…
Read the full summary
Appeal from the City Court of Mobile. Tried before the Hon. Henry Chamberlain. ' This action was brought by Walter C. Winston, against Cox, Brainard & Co., as the owners, and Horace Buckley as the master of the steamboat -Cremona, to recover the sum of $4,800, which was alleged to be -double the value of certain machinery belonging to the plaintiff, which had been shipped on the defendants’ said steamboat, and which they had landed at a point less than ten-feet perpendicular above the surface of tbe'water.' The only plea was the general issue, and the cause was tried on the issue joined on…
1Opinion of the CourtA. J. Walker, C. J.
Section 896 of the Code requires masters of steamboats and other water-craft to land goods, at the landing for which they are shipped, at least ten feet perpendicular above the water, unless the river is too high to admit of it. The next section prescribes a penalty of double the value of the goods for the failure to place them as required. The main question of this case is, whether the prescribed penalty is avoided, by a delivery at the proper landing to the consignee, aud with his consent, at a point on the bank less than ten feet perpendicular above the water.
The consignee, not being an…
2Cases cited7 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Dunlap v. ClementsSupreme Court of Alabama · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Evansich v. G., C. & Santa Fe R. R. Co.Texas Supreme Court · 1884
- State v. HendersonWest Virginia Supreme Court · 1886
- Clayton v. StateAlabama Court of Appeals · 1929
- Smith v. S. H. Kress & Co.Supreme Court of Alabama · 1923
- Morse v. StateAlabama Court of Appeals · 1927
1 more not listed; retrieve them via the Exa API.