Fairford Lamber Co. v. Tombigbee Valley R. R.
Supreme Court of Alabama
Assumpsit. Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the Fairford Lumber Company against the Tombigbee Yalley Railroad Company. Judgment for defendant, -and plaintiff appeals.
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Assumpsit. Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the Fairford Lumber Company against the Tombigbee Yalley Railroad Company. Judgment for defendant, -and plaintiff appeals. Count 2 is as follows: “Plaintiff claims of.the defendant the sum of $452.38, with the interest thereon since the 13th day of September, 1906, to wit, that on and prior to, to wit, the 8th day of August, 1906, and during the month of August, 1906, the defendant was a public service common carrier corporation operating a line of railroad in .this state, from Nannahubba Bluff, in…
1Opinion of the Court
MAYÍFIELD, J.
— The case made on appeal is stated by appellant as follows: “The complaint as originally filed contained four counts, the last two of which were the common counts, and during the progress of the cause were stricken out by the plaintiff. Demurrers were sustained to the first and second counts, and plaintiff amended by filing additional counts numbered 5, 6, 7, 8, and 9, to which demurrers were likewise sustained. Plaintiff again amended its complaint by filing counts 10, 11, 12, and 13. Demurrers were sustained to counts 10 and 11, and overruled to counts 12 and 13. To counts 12…
2Cases cited7 opinions
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Lough v. . OuterbridgeNew York Court of Appeals · 1894
- Mobile & Montgomery Railway Co. v. Steiner, McGehee &. Co.Supreme Court of Alabama · 1878
- Cowden v. Pacific Coast Steamship Co.California Supreme Court · 1892
- State ex rel. Harrell v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1877
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3Cited by3 opinions
- DeVenney v. HillSupreme Court of Alabama · 2005
- Tuskegee Homes Co. v. OswaltSupreme Court of Alabama · 1946
- Baltimore & Ohio Southwestern Railway Co. v. ShirkIndiana Court of Appeals · 1914