Central of Ga. Ry. Co. v. Merrill & Co.
Supreme Court of Alabama
Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Action by A. F. Merrill & Co. against tbe Central oí Georgia Railway Company. Judgment for plaintiffs, and defendant appeals.
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Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Action by A. F. Merrill & Co. against tbe Central oí Georgia Railway Company. Judgment for plaintiffs, and defendant appeals. The only question presented by the record is as to the validity of the condition contained in the bill of lading that the defendant should not be liable for loss after the goods Avere ready for delivery. — Western Ry. of Ala. v. Little,'8% Ala. 159.' The court will presume a valid consideratiqn, — Z/. & At, R, R. Go, ,v. Oden, 80 Ala. 38; York County v. Central R. R. Co., 3 Wall. 107. The reduction'…
1Opinion of the CourtMcCLELLAN, J.
— The plaintiffs (appellees) instituted this action for the loss of certain goods freighted by them to a station on appellant’s line of railroad. The shipment arrived at its destination and was. ready for delivery about noon of March 27,1905, and on that night was burned in appellant’s depot, which was then consumed without the fault or negligence of the appellant, its servants or agents. ■
The point taken and stressed is that the relation of carrier had terminated, and that of warehouseman.existed, at .,the time of the destruction of the property; Plea 2 sets up as the basis for this…
2Cases cited4 opinions
- Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
- Tallassee Falls Manufacturing Co. v. Western RailwaySupreme Court of Alabama · 1900
- Ala. Great Southern Railroad v. Thomas & SonsSupreme Court of Alabama · 1889
- Western Railway v. LittleSupreme Court of Alabama · 1888
3Cited by2 opinions
- Central of Ga. Ry. Co. v. BurtonSupreme Court of Alabama · 1910
- Ridgely Operating Co. v. WhiteSupreme Court of Alabama · 1933