Central Railroad & Banking Co. v. Smitha & Chastain
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. This action was brought by Smitha & Chastain, suing as partners, against the appellant, a Georgia railroad corporation, to recover damages for injuries to a car-load of horses, transported over defendant’s road, from Atlanta, by way of Macon, to Eufaula; and was commenced on the 13th April, 1887. The horses, about eighteen in number, were bought by plaintiffs in Cincinnati, and transported…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. This action was brought by Smitha & Chastain, suing as partners, against the appellant, a Georgia railroad corporation, to recover damages for injuries to a car-load of horses, transported over defendant’s road, from Atlanta, by way of Macon, to Eufaula; and was commenced on the 13th April, 1887. The horses, about eighteen in number, were bought by plaintiffs in Cincinnati, and transported by railroad to Chattanooga; and they were there delivered to the Western & Atlantic Railroad Company, consigned to Wm.…
1Opinion of the Court
STONE, O. J.
— Bailroads, as now operated, are relatively a new invention, and transportation upon them of cattle, or live-stock, is a still newer commercial appliance. In the very nature of things more than ordinary risks attend such shipments. The reasons for this increase of hazard or risk will naturally suggest themselves. So great is the liability of live-stock transported in cars, to be injured in the transit, that in some courts it is held that the common-law liability of carriers does not attach .to such service. Cooley, the distinguished constitutional lawyer (Torts, 641), says: “The…
2Cases cited11 opinions
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Steele v. TownsendSupreme Court of Alabama · 1861
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Railway Co. v. WynnTennessee Supreme Court · 1890
- Nashville, Chattanooga & St. Louis Railway Co. v. Parker & Co.Supreme Court of Alabama · 1898
- Atlantic Coast Line R. R. v. RiceSupreme Court of Alabama · 1910
- Jones v. Cincinnati, Selma & Mobile RailroadSupreme Court of Alabama · 1889
4 more not listed; retrieve them via the Exa API.