Legal Opinion

Ala.Great Southern R.R. v. Quarles & Couturie

Supreme Court of Alabama

Decided January 30, 1906PublishedCited by 14 opinions

Appeal from Fayette Circuit Court. Heard before Hon. S. H. Sprott. This was an action by Quarles & Couturie against the Alabama Great Southern R. R. Co., to recover certain cotton delivered to the appellant at Moundville, Ala., to be shipped to Eutaw, Ala. The facts are sufficiently set out in the opinion of the court.

1Opinion of the CourtTyson, J.

Only one question is presented by the record in this case. It is this: Whether the defendant *437as a common carrier can avail itself of tlie defense of the act of God under the facts upon which the case was tried. The facts may he stated as follows: The plaintiffs were cotton buyers, doing business in Eutaw, Ala. On January 11, 1904, they bought at Moundville, Ala., six bales of cotton from one Findlay, which he delivered, to defendant at that place on that day for shipment, and received from defendant’s agent a bill of lading therefor, consigning the cotton to plaintiffs at Eutaw. The'…

2Cases cited12 opinions

  1. Railroad Co. v. ReevesSupreme Court of the United States · 1870
  2. Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
  3. Michaels v. New York Central RailroadNew York Court of Appeals · 1864
  4. Steele v. TownsendSupreme Court of Alabama · 1861
  5. Wald v. Pittsburg, Cincinnati, Chicago & St. Louis R. R. Co.Illinois Supreme Court · 1896

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
  2. Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
  3. Atlantic C. L. Ry. Co. v. Enterprise Cotton Co.Supreme Court of Alabama · 1917
  4. Alabama Great Southern Railway Co. v. Elliott & SonSupreme Court of Alabama · 1907
  5. Barron v. Mobile & Ohio RailroadAlabama Court of Appeals · 1911

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