Frierson v. Frazier
Supreme Court of Alabama
Appeal from Circuit Court of Covington. Tried before the Hon. John P.- Hubbard. This is an action brought by the appellee, W. L. Frazier, to recover damages of appellants, G. B. Frierson and John Cooper, who were operating a ferry across the Conecuh river, near River Falls, in Covington county.
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Appeal from Circuit Court of Covington. Tried before the Hon. John P.- Hubbard. This is an action brought by the appellee, W. L. Frazier, to recover damages of appellants, G. B. Frierson and John Cooper, who were operating a ferry across the Conecuh river, near River Falls, in Covington county. The plaintiff drove his wagon, which was drawn by two mules, upon the flatboat of appellant, there being in the vehicle a 'chest of tools; after the boat had gotten under way, the mules, which had not been unhitched, became uncontrollable and backed into the river. To recover damages for such loss…
1Opinion of the Court
MoOLELLÁN, C. J.
The evidence showed beyond controversy that Frazier, the plaintiff, continued in immediate charge and custody of his wagon and team on the ferry boat and assumed to control the team during the passage across the river. The ferry owners were not therefore liable to him as common carriers in respect to the loss of his property resulting from the team backing off into the river, but only for their negligence causing that disaster.
There was evidence adduced showing that the boat was not provided with a guard rail across the rear end to prevent just .such occurrences as that which…
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