Nashville, Chattanooga & St. Louis Railway v. Hinds
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by A. M. Hinds against the Nashville, Chattanooga & St. Louis Bailway for loss of cattle while being transported. Judgment for plaintiff, and defendant appeals. For decision of Supreme Court in answer to certified questions, see 59 South. 669. The pleas will be found set out in the report of this case as certified, to the Supreme Court.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by A. M. Hinds against the Nashville, Chattanooga & St. Louis Bailway for loss of cattle while being transported. Judgment for plaintiff, and defendant appeals. For decision of Supreme Court in answer to certified questions, see 59 South. 669. The pleas will be found set out in the report of this case as certified, to the Supreme Court. The following charges Avere refused to appellant: (1) “The court charges the jury that under the contract of shipment it Avas Hinds’ duty to attend the cattle, and unload, feed, and…
1Opinion of the Court
de GRAFFENRIED, J. —
This suit was brought by the appellee for the damages which, in his complaint, he claims he suffered because of the failure of appellant to deliver to him, at Atlanta, Ga., four head of cattle shipped by him from Guntersville, Ala., to Atlanta. The cattle were shipped over the appellant’s railroad in a car with other cattle. The appellee’s evidence tended to show that there were in the car, when it was delivered to appellant, 47 head of cattle, averaging about 600 pounds each in weight; that they were not overcrowded in the car; and that when the car reached Atlanta- 4 of…
2Cases cited3 opinions
- Knights of Pythias v. WithersSupreme Court of the United States · 1900
- Nashville, C. & St. L. Ry. v. HindsSupreme Court of Alabama · 1912
- District Grand Lodge No. 23, United Order of Odd Fellows v. HillAlabama Court of Appeals · 1911
3Cited by8 opinions
- Watts v. StateAlabama Court of Appeals · 1913
- Southern Express Co. v. Ruth & SonAlabama Court of Appeals · 1912
- Western U. T. Co. v. BrazierAlabama Court of Appeals · 1914
- Most Worshipful Grand Lodge of Ancient Free & Accepted Masons of Alabama v. CallierSupreme Court of Alabama · 1932
- Illinois Central R. R. v. Kilgore & SonAlabama Court of Appeals · 1914
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