Waters v. Mobile & Ohio Railroad

From the circuit court of Monroe county. The facts are stated in the opinion. The action at bar, as well as those brought by Kahl and Smithpot, were intended as actions of tort, and not of contract. Appellant and the other owners of the stock on appellee’s car had the right to sue appellee in tort as a common carrier. The fact that a contract existed whereby appellee attempted to limit its liabilities and which could be introduced by appellee as defensive evidence, as it did introduce it, did not hinder appellant from suing originally in tort. Appellant could have waived the tort and sued on…