The Birmingham age-herald., 1910-11-25
DECIDE RAIL WAY
 LIABILITY LAWS The Supreme Court Ruling h.
 terests Shippers PEONAGE CHARGE HOLDS Thanksgiving Day Very Quiet In Ala bama CapitaI-Governor Conner Returns-The Water Main
 Question Creates Stir
PEONAGE CHARGE HOLDS

Montgomery, November 24-(Special) )- The consttutionality of the Carmack | amendment to the interstate commerce act Is upheld by the supreme court of Alabama, in an opinion which was today rendered by MT. Associate Justice Ander- son in the case of the Central of Geor- gia Railroad Company vs. J. F. Sims The question was reached on an appeal from the Russell circuit court, decision of which body is affirmed.
 In the opinion as read to the court it is held that the federal statute is ap- plcable to state as well as to federal courts. and that 1t Is not subject to the several constitutional infirmities suggest ed by the railroad in the case mentioned above The decision is of interest to all shippers as the effect of it is that the receiving carrier for an interstate shipment cannot by special contract lim- it It's liability for loss, injury or de- struction of goods occurring on it's own line, but is responsible for a safe trans portation of the shipment to its destina- ton The initial carrier has it's recourse on the connecting carrier, the opinion holds. upon whose lines the injury re- suited, but must itself answer to the
 
 whether on its own line or that of a connecting carrier.
 In the question waged in Russell coun- ty the action was one for the breach of contract of shipment whereby the de- fendant railroad undertook to transport a number of crates of peaches from Scale, Ala, to New York city. Loss | resulted during transportation. Montgomery Loses In another of the opinions handed down | by the supreme court today the city of l Montgomery issues forth heavy loser, | in that 1t must pay to W. s. Wyche of Montgomery s10,000 for damages sus- | tained by the citizen when he fell into an open sewer in this city several months ago. The court, through MT. Associate A D. Sayre affrms the decision of the Montgomery circuit court.
 MT. Wyche was thrown from a buggy which fell into an open sewer and court held in both instances that damages re- suited from negligence of the municipal | ity to protect its thoroughfares.
 Mobile Wins
 | Simultaneously with the announcement of a decision compelling the city of Mont gomery to pay s10O0O damages to MT l Wyche, decision of the same tribunal, handed down by the same justice, com pels the county of Mobile to pay to the | city of Mobile s991 69 alleged to be due | the city for water. In considering the appeal case from the Mobile city court the justice reverses the finding of the Mobile court and renders decision in fa- | vor of the city.
 The opinion holds that water furnished 1 to the county by the city should be paid | for as much so as individuals should pay for the same privilege. Objection l to payment was raised by the Mobile | m | nicipal ownership of the water works, 1 the county had paid for it's water sup ply, owing to the fact that the franchise granting the water privileges to the for mer owners, the Bienville Water Supply company. gave them the aqua free.
 Must Pay Damages
 The Sloss- Sheffield Steel and Iron com pany must pay 5000 damages to William Long, one of it's convict employees. who was injured some time ago when an un- ruly mule backed a heavy coal car over his foot, severely injuring that member. Trial in the lower court at Birmingham resulted in the verdict for that amount but exception was taken to the finding on the ground that the negligence was l not contrbutory.
 l An interesting case that came to the attention of the supreme court from Mo- bile in which a money loan business is
 
 court for further trial. The case Is styled "B. F. Hardeman vs. Sallie Will liams' an appeal from the Mobile law | and equity court, in which court verdict of sl400 was given Sallie Williams on her | allegations that she had been assaulted and battered by the loan people, and on the further ground of trespass The lower court did not take we'll to the loan peoples defense, but the upper court calls fax nrn tOn- ed in the appeal
 List of Decisions
 The following is list of the decisions today November 24 1910. handed down In the supreme court 6f Alabama:
 Dowdell, c. J.-B. F. Roden Grocery company vs. J. T. Lesley, appeal from Coosa county circuit court affirmed; Mobile, Jackson & Kansas City Railroad company vs M. Odom, appeal from Mo- bile city court, affirmed Alabama Cen tral Railroad company vs Mrs. E. c. Musgrove. appeal from Walker circuit court, reversed and remanded. Anderson, J.-Central of Georgia Rail- way company vs. J. E. Sims, appeal from Russell circuit court. affirmed; N. J. Greil vs Richard Tillis, appeal from Montgomery city court, affirdem; F. J. Champion ct al vs. T. J. Rutledge, ap- peal from Montgomery city court, af- firmed; J. c. Tyson vs. Abe Well, appeal from Montgomery city court. reversed and remanded; Murbury Lumber com pany ct al vs Mary B. Lamont, appeal from Autauga circuit court, reversed and remanded; Sheffield Steel and Iron company vs. George Long. pro ami. ap peal from Birmingham city court, affirm ed; Charles Schuessler & Sons ct al vs. J. H. Still Jr., appeal from Chambers circuit court, reversed and remanded; Bank of Wetumpka ct als vs Earle V. Walkley. appeal from Fillmore circuit court, affirmed; J. w. Garbett ct al vs. John c. Knight appeal from Houston chaDcery court, affirmed.
 Sayre, 1.-The city of Mobile vs. Mo