Southern Railway Co. v. Proctor
Alabama Court of Appeals
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson.. Action by B. F. Proctor against the Southern Railway Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson.. Action by B. F. Proctor against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. The complaint as amended was as follows: “(A) Plaintiff claims of the defendant $150.00 damages for injury to one car load of cattle shipped by the defendant as a common carrier for hire for the plaintiff from Scottsboro, Ala., to Atlanta, in the state of Georgia, on or about the 8th day of July, 1907. Plaintiff avers that the defendant failed to deliver such car load of cattle to the consignee within a reasonable…
1Opinion of the CourtWalker, P. J.
It fairly appears from the averments of count A of the complaint as amended that the shipment of cattle mentioned was for the plaintiff, that the defendant as a common carrier undertook for hire the carriage of the property for the plaintiff. In count B the consignors were described as stock commission merchants. We are of opinion that each of those counts sufficiently shows that the defendant as a common carrier assumed the duties of that relation to the plaintiff as a person interested in the goods shipped.
The averments of each of those counts as to the de- . fendant’s breach of its duty as…
2Cases cited8 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Smith v. StateSupreme Court of Alabama · 1902
- Chesapeake & Ohio Ry. Co. v. American Exchange BankSupreme Court of Virginia · 1896
- Birmingham Railway & Electric Co v. FranscombSupreme Court of Alabama · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chicago, R. I. & G. Ry. Co. v. ScottCourt of Appeals of Texas · 1912
- Fowler v. StateAlabama Court of Appeals · 1913
- Southern Railway Co. v. BrewsterAlabama Court of Appeals · 1913
- Colley v. CoxMissouri Court of Appeals · 1954
- Louisville N. R. Co. v. HaywardSupreme Court of Alabama · 1917
7 more not listed; retrieve them via the Exa API.