Weaver v. Ala. Coal Mining Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Balias. Tried before the ITon. E. W. Pettus. This action was brought by Philip J. Weaver, against the appellee, (a corporation chartered by the legislature of this State,) as the owner of the steamboat Isabella, to recover damages for injuries and losses caused by a collision on the Alabama river, in June, 1855, between said steamboat and a flat-boat on which plaintiff had shipped certain bales of cotton at Selma, consigned to B. E. Marshall…
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Appeal from the Circuit Court of Balias. Tried before the ITon. E. W. Pettus. This action was brought by Philip J. Weaver, against the appellee, (a corporation chartered by the legislature of this State,) as the owner of the steamboat Isabella, to recover damages for injuries and losses caused by a collision on the Alabama river, in June, 1855, between said steamboat and a flat-boat on which plaintiff had shipped certain bales of cotton at Selma, consigned to B. E. Marshall in Mobile. The number of bales of cotton is stated in the bill of exceptions at one place to be 865, and in . another…
1Opinion of the CourtA. J. Walker, C. J.
After the collision with the defendant’s boat, the plaintiff’s cotton was put upon it, and carried to Mobile. The plaintiff’s factor paid the *181officer of the steamboat one thousand dollars, which was reimbursed to him by the plaintiff. There was, therefore, a seeming acquiescence by the plaintiff' in the payment by his factor of one thousand dollars, as a compensation for taking on board and transporting to Mobile the cotton which had been wrecked by the collision with the defendant’s boat. This suit is predicated on the idea, that the wreck of the boat, freighted with the plaintiff’s cotton,…
2Cases cited5 opinions
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- McCreary v. TurkSupreme Court of Alabama · 1856
- Edgar v. McArnSupreme Court of Alabama · 1853
- Furlow's Adm'r v. MerrellSupreme Court of Alabama · 1853
- Hiester v. LairdSupreme Court of Pennsylvania · 1841
3Cited by6 opinions
- Tesney v. StateSupreme Court of Alabama · 1884
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- H. & T. C. R'y Co. v. ReasonTexas Supreme Court · 1884
- Knowlton v. Central of Georgia Railway Co.Supreme Court of Alabama · 1915
- Bradford v. HarrisAlabama Court of Appeals · 1948
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