Hibler v. McCartney
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the lion. Alex. MoEiNStey. This action was brought by the appellant, against the owners of the steamboat Eliza Battle, as common carriers, to recover damages for the loss of seven bales of cotton, which were shipped on board of said boat at Warsaw, in Sumter county, to be delivered to Lyon, Hudson & Bush, in Mobile; and which were destroyed by fire while on the boat.
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Appeal from the City Court of Mobile. Tried before the lion. Alex. MoEiNStey. This action was brought by the appellant, against the owners of the steamboat Eliza Battle, as common carriers, to recover damages for the loss of seven bales of cotton, which were shipped on board of said boat at Warsaw, in Sumter county, to be delivered to Lyon, Hudson & Bush, in Mobile; and which were destroyed by fire while on the boat. The defendants pleaded, 1st, the general issue; and, 2d, “ that by the terms of the contract under which defendants undertook to carry and deliver said cotton, the dangers of the…
1Opinion of the CourtWaleeb, J.
— In the case of Sampson & Lindsay v. Gazzam, 6 Porter, 123, this court decided, that it was permissible for a steamboat ownei’, when sued for the loss of goods by fire, to show by parol that the exceptive words, “ dangers of the river,” in a bill of lading, by usage and custom included dangers by fire. That decision was made nearly twenty years ago; at the next succeeding term of the court, was approved, and its doctrine re-asserted, in the cases of Ezell v. English, 6 Porter, 311, and Ezell v. Metter, 6 Porter, 307 ; and was quoted with manifest approbation, as late as 1848, in the opinion…
2Cases cited9 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- Henderson v. MabrySupreme Court of Alabama · 1848
- Williams v. ShackelfordSupreme Court of Alabama · 1849
- Sampson v. GazzamSupreme Court of Alabama · 1837
- Knox v. Rives, Battle & Co.Supreme Court of Alabama · 1848
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- G., C. & Santa Fe R'y Co. v. EvansichTexas Supreme Court · 1884
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- Bibb v. BibbSupreme Court of Alabama · 1885
- Rastetter v. ReynoldsIndiana Supreme Court · 1903
11 more not listed; retrieve them via the Exa API.