Louisville N. R. Co. v. Finlay

GARDNER, Justice.

On former appeal (Louisville & Nashville Railroad Co. v. Finlay, 233 Ala. 128, 170 So. 207), the record disclosed that the flood of 1929, which destroyed the car load of sugar here involved, was the highest known, and' attention was directed to that fact. The holding was that the loss was the proximate result of the “act of God,” and that plaintiff, upon whom rested the burden of proof under the decisions of the federal courts, by which this trial was to be guided, had not shown negligence on the part of the carrier, and that the defendant was due the affirmative charge.

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