Legal Opinion

Ala. Great Southern Railroad v. Thomas & Sons

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 9 opinions

Appeal from the Circuit Court of Sumter. Tried before the Hon. Sam. H. Sprott. This action was brought by E. R. B. Thomas & Sons, suing as partners, against the appellant railroad company, as a common carrier, to recover damages for injuries to a lot of cattle which were received for transportation over the defendant’s road, at Epes’ Station, and injured before they reached their destination by the alleged negligence of the defendant’s servants; and was commenced on the 27th…

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Appeal from the Circuit Court of Sumter. Tried before the Hon. Sam. H. Sprott. This action was brought by E. R. B. Thomas & Sons, suing as partners, against the appellant railroad company, as a common carrier, to recover damages for injuries to a lot of cattle which were received for transportation over the defendant’s road, at Epes’ Station, and injured before they reached their destination by the alleged negligence of the defendant’s servants; and was commenced on the 27th April, 1887. The bill of lading, or contract, for the transportation of the cattle, was dated April 29th, 1886, and…

1Opinion of the CourtSomerville, J.

The suit is for damages claimed by the owner and shipper of certain cattle, for injury to the animals, which is alleged to have been the result of the defendant’s negligence, growing out of a violation of duty, imposed by the contract of shipment. The agreement of the railroad was to receive the cattle at Epes’ Station, in this State, and to transport them to Meridian, each of these points being on its own line, and, as agent of the shipper, to forward the animals from the latter place to New Orleans. The shipper agreed to load, unload, and take proper care of the cattle, while in transitu. •…

2Cases cited11 opinions

  1. Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
  2. East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
  3. Central Railroad & Banking Co. v. CarrSupreme Court of Alabama · 1884
  4. Goold v. . ChapinNew York Court of Appeals · 1859
  5. Alabama Great Southern Railroad v. LittleSupreme Court of Alabama · 1882

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Hagenauer v. Detroit Copper Mining Co.Arizona Supreme Court · 1912
  2. Chicago City Railway Co. v. McMeenIllinois Supreme Court · 1903
  3. Clark v. Oregon Short Line R. R.Montana Supreme Court · 1909
  4. Post v. RailroadTennessee Supreme Court · 1899
  5. Colley v. Gate City Coffin Co.Supreme Court of Georgia · 1893

4 more not listed; retrieve them via the Exa API.

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