Mouton v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from [the Circuit Court of Lauderdale. Tried before the Hon. E. B. Almon. This was an action brought by the appellant, A. E„ Mouton, the successor of the firm of Moss & Mouton, against the Louisville. & Nashville Railroad Company,, for its failure as a common carrier to transport and deliver certain wagons delivered No it at Florence, Alabama, to be carried to Lafayette, La.
Read the full summary
Appeal from [the Circuit Court of Lauderdale. Tried before the Hon. E. B. Almon. This was an action brought by the appellant, A. E„ Mouton, the successor of the firm of Moss & Mouton, against the Louisville. & Nashville Railroad Company,, for its failure as a common carrier to transport and deliver certain wagons delivered No it at Florence, Alabama, to be carried to Lafayette, La. The defendant pleaded the general issue and a special plea, the substance of which is set forth in the opinion. To this plea the defendant demurred upon several grounds. The judgment entry upon this demurrer was as…
1Opinion of the CourtHaralson, J.
1. The complaint is in Code form against defendant, for failure as a common carrier to transport certain described wagons, delivered to it at Florence, Ala., to be transported to Lafayette, La.
The defendant pleaded the general issue, and a special plea, that the property ivas delivered to it as a common carrier at Florence, Ala., -under a contract expressed in the bill of lading, whereby it was stipulated and agreed that defendant -should not be liable “for any loss thereof- or damage thereto by causes beyond its control or by floods or fire,” alleging “that while said property was in it-s…
2Cases cited9 opinions
- York Company v. Central RailroadSupreme Court of the United States · 1866
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Steele v. TownsendSupreme Court of Alabama · 1861
- Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
- Wilson v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Atlantic Coast Line R. R. v. Dahlberg Brokerage Co.Supreme Court of Alabama · 1910
- Barron v. Mobile & Ohio RailroadAlabama Court of Appeals · 1911
- Allen v. AlstonSupreme Court of Alabama · 1906
- Savage v. StateAlabama Court of Appeals · 1915
- Southern Ry. Co. v. LevySupreme Court of Alabama · 1905
11 more not listed; retrieve them via the Exa API.