Atlantic Coast Line R. v. J. S. Carroll Mercantile Co.
Supreme Court of Alabama
Appeal from Circuit Co,urt, Pike County; A. B. Foster, Judge. Action by the J. S. Carroll Mercantile Company against, the Atlantic Coast Line Railroad Company for damages to live stock in transit. Judgment for the plaintiff, and defendant appeals. Transferred from Gouit of Appeals under section 6, Acts 1911, p. 450. The court erred in refusing the charges requested by the defendant. 75 Ala. 596, 51 Am.
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Appeal from Circuit Co,urt, Pike County; A. B. Foster, Judge. Action by the J. S. Carroll Mercantile Company against, the Atlantic Coast Line Railroad Company for damages to live stock in transit. Judgment for the plaintiff, and defendant appeals. Transferred from Gouit of Appeals under section 6, Acts 1911, p. 450. The court erred in refusing the charges requested by the defendant. 75 Ala. 596, 51 Am. Rep. 489; 91 Ala. 340, 8 South. 649; 97 Ala. 341, 11 South. 781. Counsel discuss the assignments of error, but without citation of authority.
1Opinion of the CourtSomerville, J.
Section 8604a (Interstate Commerce Act, c. B) of U. -S. Comp. St. 1918, makes it unlawful for common carriers of interstate shipments —
“to provide by rule, contract, regulation, or otherwise a shorter period for giving notice of claims than ninety days and for the Sling of claims for a shorter period than four months: * * * Provided, however, that if the loss, damage, or injury complained of was due to delay or damage while, being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition to recovery.”
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2Cases cited1 opinion
- St. Louis S. F. R. Co. v. DormanSupreme Court of Alabama · 1921
3Cited by6 opinions
- Cooper v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1927
- Atlantic Coast Line R. v. J. S. Carroll Mercantile Co.Supreme Court of Alabama · 1923
- Atlantic Coast Line R. v. J. S. Carroll Mercantile Co.Supreme Court of Alabama · 1925
- Anderson v. Railway Exp. AgencySupreme Court of Alabama · 1949
- Louisville N. R. Co. v. Benton Mercantile Co.Supreme Court of Alabama · 1929
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