Nashville, Chattanooga & St. Louis Railway Co. v. Parker & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hou. J. A. Bilbro. This action was brought by C. C. Parker & Co., a partnership composed of C. O. Parker and E. B. Ray, against the Nashville, Chattanooga & St. Louis Railway.
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Appeal from the Circuit Court of Marshall. Tried before the Hou. J. A. Bilbro. This action was brought by C. C. Parker & Co., a partnership composed of C. O. Parker and E. B. Ray, against the Nashville, Chattanooga & St. Louis Railway. The complaint as originally filed contained only one count, which was in words and figures as follows: “The plaintiffs claim of defendant the sum of forty-nine and fifty hundredths dollars damages for the negligent injury of one black horse received by defendant at Huntsville, Alabama, as common carrier, to be delivered to the plaintiffs at Albertville,…
1Opinion of the CourtTyson, J.
The original complaint was ex delicto and in case. It counted directly on the “negligent injury” of the animal while in the possession of the carrier, and not upon the implied contract under which the horse was received. The count added, after the demurrer was sustained to the original complaint, is upon the contract with the carrier, and seeks a recovery because of its nonperformance — not delivering the horse uninjured. It is necessarily ex contractu.—Tallassee Falls Mfg. Co. v. Western R’y. of Ala., 117 Ala. 520.
The ruling on demurrer to the original complaint'' is not revisable on this…
2Cases cited3 opinions
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Tallassee Falls Manufacturing Co. v. Western RailwaySupreme Court of Alabama · 1897
- Central Railroad & Banking Co. v. Smitha & ChastainSupreme Court of Alabama · 1887
3Cited by27 opinions
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Louisville & Nashville Railroad v. LandersSupreme Court of Alabama · 1902
- Western Union Telegraph Co. v. CrumptonSupreme Court of Alabama · 1903
- Rasco v. JeffersonSupreme Court of Alabama · 1904
- Southern Railway Co. v. WebbSupreme Court of Alabama · 1904
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