Mobile & Ohio Railroad v. Jarboe
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried, before the Hon. H. Chamberlain. This action was brought by William C. Jarboe, as surviving partner of the late firm of Jarboe & Miller, to recover two hundred and ninety-five dollars, “as damages, for the failure to deliver certain goods, to-wit, three boxes of tobacco, received by said defendant as a common carrier,to be delivered to said Miller, at Mobile, for a reward; which said defendant failed to do.”
Read the full summary
Appeal from the City Court of Mobile. Tried, before the Hon. H. Chamberlain. This action was brought by William C. Jarboe, as surviving partner of the late firm of Jarboe & Miller, to recover two hundred and ninety-five dollars, “as damages, for the failure to deliver certain goods, to-wit, three boxes of tobacco, received by said defendant as a common carrier,to be delivered to said Miller, at Mobile, for a reward; which said defendant failed to do.” The action was commenced on the 18th June, 1863; and the trial was had, on issue joined on the plea of not guilty, at the January term, 1867.…
1Opinion of the CourtJudge, J.
The exception inserted in the contract for the transportation of the freight, in the present case, viz., “ taken at the owner s risk” did not change the character of the employment. Appellant remained, notwithstanding the reception of the goods under the contract, a common carrier, with his liability, as such, diminished only to the extent of the exception.—Steele v. Burgess & Townsend, 37 Ala. 253-4, and cases there cited.
A common carrier may legally contract for exemption from that responsibility imposed by the common law, by which he becomes an insurer. But, on grounds of public policy, he…
2Cases cited1 opinion
- Steele v. TownsendSupreme Court of Alabama · 1861
3Cited by5 opinions
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Southern Express Co. v. CapertonSupreme Court of Alabama · 1870
- Proctor v. ScharpffSupreme Court of Alabama · 1885