Central of Ga. Ry. Co. v. Patterson
Alabama Court of Appeals
Damage for Failure to Deliver Goods. Appeal from Russell Circuit Court. Heard before Hon. Mike Sollie. Action by E. M. Patterson against tbe Central of Georgia Railway- Company for failure to deliver goods. Judgment for plaintiff, and defendant appeals.
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Damage for Failure to Deliver Goods. Appeal from Russell Circuit Court. Heard before Hon. Mike Sollie. Action by E. M. Patterson against tbe Central of Georgia Railway- Company for failure to deliver goods. Judgment for plaintiff, and defendant appeals. Plea 4 is as follows: For further answer to tbe complaint defendant says that, under tbe terms of tbe bill of lading or contract under and by wbicb tbe goods were shipped, it was agreed between tbe shipper and defendant as follows: “No carrier or party in possession of all or any of tbe property herein described shall be liable for any loss or…
1Opinion of the CourtPelham, P. J.
This is the second appeal in this case.—Central of Ga. Ry. Co. v. Patterson, 6 Ala. App. 494, 60 South. 465. On the trial from which this appeal is prosecuted the appellant, as defendant in the court below, among other pleas interposed, filed a special plea (numbered 4 in the transcript) averring, in substance and effect, that the goods delivered to it were, while in its possession as said carrier, destroyed by fire, and that said fire and consequent destruction of plaintiff’s goods was in no way attributable to the negligence of the defendant carrier, its servants, agents, or employees. The…
2Cases cited7 opinions
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
- Central of Georgia Railway Co. v. SimsSupreme Court of Alabama · 1910
- Barron v. Mobile & Ohio RailroadAlabama Court of Appeals · 1911
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3Cited by1 opinion
- Central of Georgia Ry. Co. v. PattersonAlabama Court of Appeals · 1919