107 Ala. 600 | Ala. | 1894
We are satisfied from the testimony, which is practically without dispute on this point, that the contract between the parties was that the defendant company should carry the plaintiff’s trunk to the depot, and deliver it there to the baggage agent of the railroad company. The plaintiff herself testified that the trunk was delivered to the defendant’s driver “to.be deposited in the baggage room of the Ga. Pacific R. R.” ; and her-son-in-law, Robinson, who acted for her, says he informed the defendant’s general manager that he wanted the trunk carried to the Georgia Pacific depot, and, furthermore, that when he accompanied the plaintiff to the train.the next morning, he inquired for the trunk of the baggage agent of the Georgia Pacific Railroad, at the depot in Anniston where he had ordered the trunk to be taken.
The loss of the trunk, in this case, cannot be attributed to any fault of the defendant'. The plaintiff was not entitled to recover, and hence the judgment of the city court must be reversed, and a judgment here rendered for the defendant.
Reversed and rendered.