Southern Railway Co. v. Renes
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by John E. Renes against the Southern Railway Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by John E. Renes against the Southern Railway Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 150, § 6 Count 1 is as follotvs: “The plaintiff claims of the defendant $3,000 damages, for that heretofore, on the 5th day of March 1913, plaintiff’s minor son, Willis Renes, died in Philadelphia, Pa., and, heretofore, to Avit, on the • 6th day of March, 1913, plaintiff, being in said Philadelphia, caused said corpse to be sent to Washington, D. C., on the same…
1Opinion
*627ON REHEARING.
SOMERVILLE, J.
It is insisted that the defendant was not entitled to the affirmative charge in this case because a presumption must be indulged, in the absense of opposing evidence, that any delay in the transportation of the body occurred on the line of the terminal carrier, and that it must affirmatively acquit itself of negligence in that behalf.(7) The authorities relied upon relate only to presumed damage or loss where the goods are actually received by the terminal carrier. — So. Ex. Co. v. Hess, 53 Ala. 19, So. Ex. Co. v. Saks, 160 Ala. 49 South. 392, and other cases. The…
2Cases cited5 opinions
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1907
- Central of Ga. Ry. Co. v. Chicago Varnish Co.Supreme Court of Alabama · 1910
- Southern Express Co. v. HessSupreme Court of Alabama · 1875
- East Tennessee, Virginia & Georgia Railway Co. v. Johnson & ShahanSupreme Court of Georgia · 1890
- Almand v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1895