Louisville & Nashville Railroad v. Shepherd
Alabama Court of Appeals
Damage to Live Stock. Appeal.from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by H. H. Shepherd against the Louisville & Nashville Kailroad Company. Judgment for plain tiff, and defendant appeals. The cómpláint contains three counts, alleging damages to certain cattle while being shipped by freight, owing' to the negligence of the defendant.
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Damage to Live Stock. Appeal.from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by H. H. Shepherd against the Louisville & Nashville Kailroad Company. Judgment for plain tiff, and defendant appeals. The cómpláint contains three counts, alleging damages to certain cattle while being shipped by freight, owing' to the negligence of the defendant. The second plea . sets, up the condition, as a right to recover any damages for loss or injury, that the owner or person in charge shall give notice, in writing, of his claim thereof to some officer of the delivering road, or its…
1Opinion of the CourtWalker, P. J.
Plea B, after setting out that the animals were shipped under a special contract, made in consideration of a reduced rate for their transportation, averred that “the plaintiff agreed in and by said special contract that he would, at his own expense, provide such bedding or other suitable appliances in the car in which said animals were shipped as would enable them to stand securely on their feet while in said car; and the defendant avers that the plaintiff failed to provide such bedding or other suitable appliances, and that said animals were injured by reason of such failure.” *501The' action of…
2Cases cited9 opinions
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- United States Life Insurance v. LesserSupreme Court of Alabama · 1899
- East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
- Chicago & Northwestern Railway Co. v. Calumet Stock FarmIllinois Supreme Court · 1901
- Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. Reagan County Purchasing Co.Court of Appeals of Texas · 1944