Louisville & Nashville Railroad v. Jones
Alabama Court of Appeals
Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by T. U. Jones against the Louisville & Nashville Railroad Company for breach of contract to transport live stock. Judgment for plaintiff and defendant appeals. The special contract alleged is violative of section 5540, Code 1907, and the Federal Statutes covering that subject, and hence cannot be made the basis of a claim for damages. — Chicago & Alton Ry. Co. v. Kirby, U. S. Sup. Ct. July 1, 1912; 3 Fed.
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Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by T. U. Jones against the Louisville & Nashville Railroad Company for breach of contract to transport live stock. Judgment for plaintiff and defendant appeals. The special contract alleged is violative of section 5540, Code 1907, and the Federal Statutes covering that subject, and hence cannot be made the basis of a claim for damages. — Chicago & Alton Ry. Co. v. Kirby, U. S. Sup. Ct. July 1, 1912; 3 Fed. St. Ann. 816. In absence of specific agreement in bill of lading, the carrier is not required to ship on any particular…
1Per curiam
This suit was brought in the city court of Selma for the recovery of damages which the plaintiff (appellee here) alleges in his complaint he suffered by reason of certain injuries which certain of his stock received while being transported by the defendant (appellant here), as a common carrier for hire, from Montgomery, Ala., to Bessemer, Ala. The *620plaintiff, it appears, lives in Selina, and desired to ship certain of his stock to Bessemer, via Montgomery. The Western Railway of Alabama is a common carrier of freight between Selma and Montgomery; but it is not a common carrier of freight…
2Cases cited2 opinions
- Ex parte Louisville & Nashville R. R.Supreme Court of Alabama · 1912
- Louisville & Nashville Railroad v. WilliamsAlabama Court of Appeals · 1911
3Cited by4 opinions
- Central of Georgia Railway Co. v. Birmingham Sand & Brick Co.Alabama Court of Appeals · 1913
- Alabama Great Southern R. Co. v. ConnerSupreme Court of Alabama · 1933
- Nashville, C. & St. L. Ry. v. FarellAlabama Court of Appeals · 1915
- Louisville & N. R. v. A. H. Cleaver & Co.Supreme Court of Alabama · 1924