Alabama Great Southern R. R. v. Knox
Supreme Court of Alabama
Api>eal from Bessemer City Court. Heard before Hon. J. O. B. Gavin. Action by Miss N. L. Knox against the Alabama Great Southern Railroad Company for loss of baggage. Judgment for plaintiff, and defendant appeals.
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Api>eal from Bessemer City Court. Heard before Hon. J. O. B. Gavin. Action by Miss N. L. Knox against the Alabama Great Southern Railroad Company for loss of baggage. Judgment for plaintiff, and defendant appeals. Case transferred from the Court of Appeals under Acts 1911, p. 450, § 6. The first count was as follows: “Plaintiff claims of defendant the sum of $500 damages for the failure to deliver certain goods [describing them], which goods were received by defendant as a common carrier to- be delivered to plaintiff at Birmingham, Ala., for a reward, which plaintiff failed to deliverer.”…
1Opinion of the CourtAnderson, J.
— While the text-writers have clung to the ancient rule that in order to fix liability upon a *489carrier for the loss or destruction of baggage, as a carrier of baggage, as distinguished from a carrier of freight, the owner must stand in the relation of a passenger and must accompany his baggage, and if he does not do so the carrier would under certain circumstances be liable only -as a carrier of freight, we think that there is no need for said distinction as the liability is practically the same. The old rule got its origin when travel was such that the owner usually accompanied his baggage,…
2Cases cited7 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Southern Railway Co. v. JonesSupreme Court of Alabama · 1902
- Montgomery & Eufaula Railway Co. v. CulverSupreme Court of Alabama · 1884
- Marshall v. Pontiac, Oxford & Northern RailroadMichigan Supreme Court · 1901
- McKibbin v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Louisville N. R. Co. v. HestleSupreme Court of Alabama · 1917
- Louisville Nashville R. R. Co. v. DicksonAlabama Court of Appeals · 1916
- Texas & P. Ry. Co. v. GrahamCourt of Appeals of Texas · 1923
- Crout v. Yazoo & M. V. R.Tennessee Supreme Court · 1915
- Payne v. BoswellCourt of Appeals of Texas · 1922
2 more not listed; retrieve them via the Exa API.