Western Railway v. Harwell
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This is the second appeal in this case and the facts are substantially the same as found in the opinion as reported in 91 Ala. 340, and are also stated in the opinion rendered on this appeal, except as to the following clause in the contract of shipment, viz: “And it is further agreed that should damage occur for which the said party of the first part (R. R. Co.) may be liable, the value at the…
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Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This is the second appeal in this case and the facts are substantially the same as found in the opinion as reported in 91 Ala. 340, and are also stated in the opinion rendered on this appeal, except as to the following clause in the contract of shipment, viz: “And it is further agreed that should damage occur for which the said party of the first part (R. R. Co.) may be liable, the value at the place and date of shipment shall govern the settlement, the amount claimed shall not exceed for a horse or mule, one…
1Opinion of the CourtHead, J.
— Case, against appellant, for . negligence in transporting, as a common carrier, plaintiff’s mule, causing its death.
Plaintiff shipped a car load of ' mules from Columbia, Tenn., to Opelika, Alabama. He entered into a special contract in writing, with the receiving carrier, the Louisville & Nashville Bailroad Company, for and on behalf of that company “and its connecting lines,” whereby that company undertook to carry the mules to Montgomery, Alabama, and deliver them to a connecting carrier for transportation to Opelika. The contract exempted the company and its connecting lines from…
2Cases cited1 opinion
- Western Railway Co. v. HarwellSupreme Court of Alabama · 1890
3Cited by10 opinions
- Gulf, West Texas & Pacific Railway Co. v. WittnebertTexas Supreme Court · 1908
- Louisville & Nashville Railroad v. LandersSupreme Court of Alabama · 1902
- Chicago, R. I. & P. Ry. Co. v. SpearsSupreme Court of Oklahoma · 1912
- Mouton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900
- Pierson v. Northern Pacific Railway Co.Washington Supreme Court · 1911
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