Columbus & Western Railway Co. v. Ludden & Bates
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by Ludden & Bates, suing as partners, against the appellant corporation, to recover damages for the loss of a piano, which was destroyed by fire while in the defendant’s depot, or warehouse, on the night of February 19th, 1884; and was commenced on the 13th March, 1886. The complaint contained a count against the defendant as a common carrier, and another as warehouseman.
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Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by Ludden & Bates, suing as partners, against the appellant corporation, to recover damages for the loss of a piano, which was destroyed by fire while in the defendant’s depot, or warehouse, on the night of February 19th, 1884; and was commenced on the 13th March, 1886. The complaint contained a count against the defendant as a common carrier, and another as warehouseman. The pleadings were protracted, but they require no special notice. The piano was forwarded by the plaintiffs, over the…
1Opinion of the CourtMoCLELLAN, J.
It has been supposed by some text-writers and annotators that this court, following that line of authority on the subject of which Norway Plains Co. v. Boston Railway Co. (1 Gray, 163) is the leading case, has adopted the rule, that the extraordinary liability of a railway company, as a common carrier of goods, ceases when the consignment arrives at its destination, is unloaded from the cars, and nothing further, so far as the transit is concerned,-remains to be done by the carrier; and that thereafter the liability of the carrier is that only of a warehouse-man for hire. This supposition is…
2Cases cited12 opinions
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
- Melbourne & Troy v. Louisville & Nashville RailroadSupreme Court of Alabama · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Continental Jewelry Co. v. Pugh Bros.Supreme Court of Alabama · 1910
- Tallassee Falls Manufacturing Co. v. Western RailwaySupreme Court of Alabama · 1900
- Anniston & Atlantic Railroad v. Ledbetter & FarmerSupreme Court of Alabama · 1890
- Central of Ga. Ry. Co. v. BurtonSupreme Court of Alabama · 1910
- Lewis v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1909
5 more not listed; retrieve them via the Exa API.