Legal Opinion

Southern Express Co. v. Caperton

Supreme Court of Alabama

Decided January 15, 1870PublishedCited by 19 opinions

Appeal from Circuit Court of Jackson. Tried before Hon» W. J. Habbalson. The facts of this case are sufficiently set out in the opinion. The complaint was as follows: “ The State of Alabama, ) Circuit Court, Jackson county, f Eall Term, 1867. “ Adam H, Caperton, plaintiff, vs. The Southern Express Company, defendant.

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Appeal from Circuit Court of Jackson. Tried before Hon» W. J. Habbalson. The facts of this case are sufficiently set out in the opinion. The complaint was as follows: “ The State of Alabama, ) Circuit Court, Jackson county, f Eall Term, 1867. “ Adam H, Caperton, plaintiff, vs. The Southern Express Company, defendant. “The plaintiff claims of the defendant, a body corporate, chartered by the State of Alabama, one thousand dollars as damages, for the failure to deliver certain moneys, viz : eight hundred dollars in current national bank-notes and treasury-notes issued and circulated as money,…

1Opinion of the CourtB. F.n Saffold, J.

This suit was brought by the appellee against the appellant to recover damages for the non-delivery of a package of $800 which the defendant, as a common carrier, undertook to carry from Stevenson to Huntsville, and there to deliver it to S. R. Cruse,

The receipt given for it by the agent of the defendant, amongst other restrictions limiting the responsibility of the defendant, specified that there should be no liability for any loss, unless the claim therefor should be made in writing at the office, of the company, at Stevenson, within thirty days from the date of the receipt, in a statement…

2Cases cited5 opinions

  1. Steele v. TownsendSupreme Court of Alabama · 1861
  2. Barrett v. RogersMassachusetts Supreme Judicial Court · 1811
  3. Jones v. SimsSupreme Court of Alabama · 1837
  4. Montgomery & West Point Railroad v. EdmondsSupreme Court of Alabama · 1868
  5. Mobile & Ohio Railroad v. JarboeSupreme Court of Alabama · 1868

3Cited by19 opinions

  1. Westcott v. . FargoNew York Court of Appeals · 1875
  2. Missouri Pacific Railway Co. v. HarrisTexas Supreme Court · 1886
  3. The WestminsterCourt of Appeals for the Third Circuit · 1904
  4. Goggin v. Kansas Pacific Railway Co.Supreme Court of Kansas · 1874
  5. Western Union Telegraph Co. v. JonesIndiana Supreme Court · 1884

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