Louisville & Nashville R. R. v. Scheinert
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. John H. Miller, Special Judge. Trover by H. E. Scheinert and wife against the Louisville & Nashville Railroad Gompany for the conversion of a trunk and contents. From a judgment for plaintiffs, defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. John H. Miller, Special Judge. Trover by H. E. Scheinert and wife against the Louisville & Nashville Railroad Gompany for the conversion of a trunk and contents. From a judgment for plaintiffs, defendant appeals. The fifth count Avas as follOAVs: “Plaintiff claims of defendant the sum of $126.50 damages for the conversion by the defendant of plaintiff’s trunk and contents on the 30th day of December, 1906; the property of the plaintiff; the contents of said trunk consisting of the following articles: [Here follows a description of the…
1Opinion of the CourtDenson, J.
There can be no doubt that the fifth count of the complaint is in trover for the conversion of goods by a Avarehouseman; nor can there be any doubt that the evidence fails to afford a reasonable inference that the defendant is guilty of a conversion. .Hence the court erred in refusing the fifth charge requested in writing by the defendant. — Davis & Sons v. Hurt, 114 Ala. 146, 21 South. 468; Baker v. Malone & son. 126 Ala. 510, 28 South. 631; Alabama, etc., Co. v. Kidd, 35 Ala. 220; Abraham v. Nunn, 42 Ala. 51; Traylor & Co. v. Hughes, 88 Ala. 617, 7 South. 159; Johnson v. Couillard, 4 Allen…
2Cases cited7 opinions
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- Irish v. CloyesSupreme Court of Vermont · 1836
- Rice v. ClarkSupreme Court of Vermont · 1836
- Abraham & Brother v. NunnSupreme Court of Alabama · 1868
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