L. & N. R. R. v. McKenzie
Alabama Court of Appeals
Appeal from Butler Circuit Court. Heard before Hon. J. C. Richardson. Action by J. Ms McKenzie against the Louisville & Nashville Railroad Company, for damages for loss of freight. Judgment for plaintiff and defendant appeals.
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Appeal from Butler Circuit Court. Heard before Hon. J. C. Richardson. Action by J. Ms McKenzie against the Louisville & Nashville Railroad Company, for damages for loss of freight. Judgment for plaintiff and defendant appeals. A common carrier is not liable for loss or damage to goods occasioned by the act of God, where without fault itself. — A. G. 8. v. Thomas, 89 Ala. 294; Smith v. Western Ily., 91 Ala. 455; Ooosa Stemiboat Go. v. Barclay, 30 Ala. 120; Bridges’ Oase, 86 Ala. 452. Under these authorities, the special charges requested by the defendant should have been given. In this case…
1Opinion of the Court
PELHAM, J. —
The complaint in this case contains three counts. The first count seeks a recovery of the defendant for its alleged failure as a common carrier to deliver to plaintiff certain goods, wares, or merchandise received in the due course of business and billed to plaintiff at Greenville, Ala. The second count claims damages for injury alleged to have been done to the goods while in the possession of the defendant as a common carrier. The third count is for the recovery of damages for defendant’s alleged failure, as a common carrier, to deliver the goods in good condition. To each count…
2Cases cited9 opinions
- Coosa River Steamboat Co. v. BarclaySupreme Court of Alabama · 1857
- Columbus & Western Railway Co. v. BridgesSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. McGuire & Co.Supreme Court of Alabama · 1885
- Smith & Co. v. Western RailwaySupreme Court of Alabama · 1890
- Ala. Great Southern Railroad v. Thomas & SonsSupreme Court of Alabama · 1889
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3Cited by2 opinions
- Northern Alabama Railway Co. v. Wilson Mercantile Co.Alabama Court of Appeals · 1913
- Hill v. Southern Railway Co.Alabama Court of Appeals · 1912