Central of Georgia Ry. Co. v. Patterson
Alabama Court of Appeals
Appeal from Circuit Court, Russell County; J. S. Williams, Judge. Action by E. M. Patterson against the Central of Georgia Railway Company for damages for the destruction of goods by fire after they had been transported and placed in warehouse. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Russell County; J. S. Williams, Judge. Action by E. M. Patterson against the Central of Georgia Railway Company for damages for the destruction of goods by fire after they had been transported and placed in warehouse. Judgment for plaintiff, and defendant appeals. The appellant fully met the burden of proof that rested upon it, and was entitled to have a directed verdict. 165 Ala. 425, 51 ■South. 643; 12 Ala.’App. 369, 68 South. 513; 80 Ala. .38; 97 Ala. 514, 11 South. 756; 145 Ala. 436, 40 South. 120, 5 L. R. A. (N. S.) 867, 8 Ann. Oas. 308; 119 Ala. 523, 24 South.…
1Opinion of the CourtMerritt, J.
This suit is against a common carrier' for failure to deliver freight, delivered for transportation. This is the third appeal in this case.
Upon the first trial the judgment was for the plaintiff. On that appeal the special agreement of the parties covering the payment and removal of freight by plaintiff from defendant’s warehouse at the point of destination was declared violative of provisions of the Interstate Commerce Commission Act known as the “Elkins Act,” 32 Stat. 847, c. 718 (U. S. Comp. St. §§ 8597-8599), and of the “Interstate Commerce Commission Act,” 24 Stat. 379, c. 104 (U. S.…
2Cases cited15 opinions
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Starks v. ComerSupreme Court of Alabama · 1914
- Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
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3Cited by2 opinions
- Panhandle & S. F. Ry. Co. v. WilsonCourt of Appeals of Texas · 1939
- Panhandle & S. F. Ry. Co. v. WilsonCourt of Appeals of Texas · 1939