St. Louis & San Francisco Railroad v. Cavender
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by S. J. Cavender against the St. Louis & San Francisco Bailroad Company, for damages for injury to stock, “while being held for transportation. Judgment for plaintiff and defendant appeals. For a definition of “bill of lading,” see Elliott on Railroads, Sec. 1415; 122 U. S. 79. An action on a bill of lading is ex contractu and tenders no issue of negligence vel non.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by S. J. Cavender against the St. Louis & San Francisco Bailroad Company, for damages for injury to stock, “while being held for transportation. Judgment for plaintiff and defendant appeals. For a definition of “bill of lading,” see Elliott on Railroads, Sec. 1415; 122 U. S. 79. An action on a bill of lading is ex contractu and tenders no issue of negligence vel non. In such case contributory negligence would be no defense. — McCarty v. L. é A7., 102 Ala. 193; Bo. Ey. v. WebT), 143 Ala. 304. The counts are not based on…
1Opinion of the CourtSayre, J.
It is well settled that a common carrier becomes responsible as such only when freight is delivered to and accepted by it for immediate transportation in the usual course of business. If the goods are received, but 'Something remains to be done before the goods can be sent on their way, “as where the goods are deposited without instructions as to their place of destination, or to await orders, or until the charges for transportation are paid, if that is required by the carrier,” the duty and responsibility of the carrier is not that of an insurer, but that of a warehouseman who must exercise…
2Cases cited4 opinions
- Covington Stock-Yards Co. v. KeithSupreme Court of the United States · 1891
- Dixon v. Central of Georgia Railway Co.Supreme Court of Georgia · 1900
- Ala. Gt. So. Railroad v. Mt. Vernon Co.Supreme Court of Alabama · 1887
- Louisville & Nashville Railroad v. EcholsSupreme Court of Alabama · 1892
3Cited by2 opinions
- Ex Parte Alabama Great Southern R. Co.Supreme Court of Alabama · 1921
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1916