Richmond & Danville Railroad v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. Jambs J. Banks. This action was brought by the appellee against the appellant railroad company, as a common carrier, to recover damages for the alleged failure to deliver certain property to the plaintiff, which was received by the defendant as a common carrier to be delivered to the plaintiff.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. Jambs J. Banks. This action was brought by the appellee against the appellant railroad company, as a common carrier, to recover damages for the alleged failure to deliver certain property to the plaintiff, which was received by the defendant as a common carrier to be delivered to the plaintiff. The transcript, on this appeal, contains no bill of exceptions ; and the only questions reviewed are shown in the opinion. The cause was tried without the intervention of a j ury, and judgment was rendered in favor of the plaintiff,…
1Opinion of the Court
HAR-ALBÓN, j.
This suit was commenced before a justice of the peace, to'recover damages for the failure to deliver property .shipped at different times and under' different, contracts to plaintiff, doing business under, the. . fir;m name of W. H. Jones & Co..There were two counts in the complaint, on two distinct causes pf action, one for a failure to deliver a car ... loaff.of potatoes,, ^received by the deféndant as.' a common carrier-, on, to-wit, the 12th of January^ 1892, to be’ . delivered to the plaintiff, ” and’ the other, for a failure .to .- *215deliver another car load of potatoes,…
2Cases cited5 opinions
- Littleton v. ClaytonSupreme Court of Alabama · 1884
- Heyman v. McBurneySupreme Court of Alabama · 1880
- Lienkauff & Strauss v. Tuskaloosa Sale & Advancing Co.Supreme Court of Alabama · 1892
- Nelson v. HollySupreme Court of Alabama · 1873
- Hays v. MyrickSupreme Court of Alabama · 1872
3Cited by7 opinions
- Freeburgh v. LamoureuxWyoming Supreme Court · 1903
- Ewing v. WoffordSupreme Court of Alabama · 1898
- Canty v. SimsAlabama Court of Appeals · 1926
- Jones v. City of AnnistonSupreme Court of Alabama · 1902
- Zavello v. Goldstein & Co.Alabama Court of Appeals · 1911
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