Ala. & Tenn. Rivers Railroad v. Kidd
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the lion. E. W. Pettus. ' This action was brought by John W. Kidd, against the appellant, to recover damages for the defendant’s failure to deliver eight bales of cotton, which the plaintiff shipped at Montevallo, to be forwarded to Selma. The complaint contained several counts in case for negligence, and one count in trover. No pleas appear in the record.
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Appeal from the Circuit Court of Dallas. Tried before the lion. E. W. Pettus. ' This action was brought by John W. Kidd, against the appellant, to recover damages for the defendant’s failure to deliver eight bales of cotton, which the plaintiff shipped at Montevallo, to be forwarded to Selma. The complaint contained several counts in case for negligence, and one count in trover. No pleas appear in the record. The case may be found reported, on a former appeal, in 29 Ala. 221. “ On the trial, the plaintiff read in evidence the testimony of R. B. Sawyer and J. R. Bates, who proved that, as…
1Opinion of the CourtR. W. Walker, J.
If goods, transported by railroad, are not called for by the consignee when they arrive at their destination, and are then deposited in the warehouse of the company without additional charge, until the owner or consignee has a reasonable time by the exercise of proper diligence to remove them, the liability of the company, as a carrier, is at ,.an end ; and if, after this, the goods remain in their warehouse, they are responsible only as keepers for hire. The same company may thus, under one and the same contract, be subject to the distinct duties of carriers and warehouse-men, for a failure…
2Cases cited10 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
- Dixon v. DunhamIllinois Supreme Court · 1853
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1856
- Packard v. GetmanNew York Supreme Court · 1830
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3Cited by40 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.Illinois Supreme Court · 1895
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
- Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
35 more not listed; retrieve them via the Exa API.