Collins v. Alabama Great Southern Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This suit was brought on October 9, 1892, by the appellant, James R. Collins, against the appellee, the Alabama Great Southern Railroad Company, as a common carrier and a warehouseman, to recover damages for the failure to deliver to the plaintiff a certain lot The 1,2, 3 and 5 counts of the complaint sought a recovery of the defendant as a common carrrier; and the remaining counts, the 4th and…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This suit was brought on October 9, 1892, by the appellant, James R. Collins, against the appellee, the Alabama Great Southern Railroad Company, as a common carrier and a warehouseman, to recover damages for the failure to deliver to the plaintiff a certain lot The 1,2, 3 and 5 counts of the complaint sought a recovery of the defendant as a common carrrier; and the remaining counts, the 4th and 6th, undertook to hold the defendant responsible as a warehouseman. The defendant pleaded the general issue to all of…
1Opinion of the CourtHaralson, J.
1. The first assignment of error is that the court below erred in overruling plaintiff’s demurrer to defendant’s 4th plea ; but, the record fails to disclose what that demurrer was, and we can not, therefore, consider this assignment.
2. According to the decisions of this court, without reference to any statute on the subject, the liability pf a railroad company as a common carrier of goods transported over its line, does not cease on the arrival of the goods- at their destination, and their deposit there in a warehouse, but continues until the lapse of a reasonable time for the removal of the…
2Cases cited11 opinions
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Gilliam v. South, & North Alabama RailroadSupreme Court of Alabama · 1881
- Reid v. Bank of MobileSupreme Court of Alabama · 1881
- Watson v. StateSupreme Court of Alabama · 1879
- South & North Ala. Railroad v. WoodSupreme Court of Alabama · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Harper v. StateSupreme Court of Alabama · 1895
- Continental Jewelry Co. v. Pugh Bros.Supreme Court of Alabama · 1910
- Kinney v. Koopman & GerdesSupreme Court of Alabama · 1896
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
- Case v. HulsebushSupreme Court of Alabama · 1898
16 more not listed; retrieve them via the Exa API.