Legal Opinion

Hearn v. Louisville & Nashville R. R.

Alabama Court of Appeals

Decided November 19, 1912PublishedCited by 2 opinions

Appeal from Etowah Circuit Court. Heard before Hon. J. E. Blackwood. Action by L. L. Hearn against the Louisville & Nashville Railroad Company, for damages for the loss of goods. Judgment for defendant, and plaintiff appeals.

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Appeal from Etowah Circuit Court. Heard before Hon. J. E. Blackwood. Action by L. L. Hearn against the Louisville & Nashville Railroad Company, for damages for the loss of goods. Judgment for defendant, and plaintiff appeals. There was no delegation of power to Rhodes by appellant, and no assumption of poAver by Rhodes, and hence,’ no agency. — 1 A. & E. Enc. of LaAV, 937; 31 Cyc. 1189. Under the facts in this case there was no notice of the arrival of the goods within twenty-four hours after their arrival, and hence, nothing to change the liability from that of carrier to that of…

1Per curiam

This suit was brought by the appellant against the appellee to recover the damages which the appellant claims he sustained because of the failure of the' appellee to deliver to him at Altoona, Ala., certain freight. The freight was received by the appellee as a common carrier and was, by appellee as such common carrier, for a reward, to be transported to Altoona and there delivered to the appellant. The freight reached Altoona on one of appellant’s trains on October 26, 1910, and was on that day placed by it in its depot Avarehouse at that point It remained in the depot warehouse until 2…

2Cases cited1 opinion

  1. Kitchen & Bro. v. Robinson Bros.Supreme Court of Alabama · 1903

3Cited by2 opinions

  1. Birmingham News Co. v. Birmingham Printing Co.Supreme Court of Alabama · 1925
  2. Georgia Cotton Co. v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1917

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