Louisville & Nashville Railroad v. McGuire & Co.
Supreme Court of Alabama
Appeal from the Oity'Oourt of Birmingham. Tried before the lion. il. A. SharpeI This action was brought by McGuire & Co., suing as partners, against the appellant as a common carrier, to recover damages for the loss of certain goods, which had been forwarded from Louisville, Kentucky, by the defendant’s railroad, consigned to the plaintiffs at Birmingham ; and which were destroyed by fire, on the night of November 14th, 1884, while in the defendant’s depot at Birmingham,…
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Appeal from the Oity'Oourt of Birmingham. Tried before the lion. il. A. SharpeI This action was brought by McGuire & Co., suing as partners, against the appellant as a common carrier, to recover damages for the loss of certain goods, which had been forwarded from Louisville, Kentucky, by the defendant’s railroad, consigned to the plaintiffs at Birmingham ; and which were destroyed by fire, on the night of November 14th, 1884, while in the defendant’s depot at Birmingham, which was also destroyed by the fire. The goods consisted of “ 25 buckets of candy, 5 kegs of cider, 10 cases of lard, one…
1Opinion of the CourtSomeryille, J.
The receipt of goods by the defendant as common carrier was a fact which could be proved by any competent evidence, without producing the bills of lading. In such a case, parol evidence is as much primary as that which is written, the nature of such evidence failing to indicate on its face that any better remains behind or undisclosed. — 1 Green. Ev. § 84; 1 Whart. Ev. § 77. If, moreover, it was otherwise, the error would have been cured by the subsequent production of the bills of lading during the progress of the trial.
The book entries were also admissible to show the fact of the receipt of…
2Cases cited5 opinions
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- South & North Ala. Railroad v. WoodSupreme Court of Alabama · 1880
- Alabama Great Southern Railroad v. LittleSupreme Court of Alabama · 1882
- Danner Land & Lumber Co. v. Stonewall InsuranceSupreme Court of Alabama · 1884
- Meyer v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1869
3Cited by18 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Polytinsky v. JohnstonSupreme Court of Alabama · 1924
- Gardner v. GillihanOregon Supreme Court · 1891
- Atlanta and West Point Railroad v. Jacobs' Pharmacy Co.Supreme Court of Georgia · 1910
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