Melbourne & Troy v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellants, suing as partners, against the Louisville & Nashville Railroad Company, to recover $150 damages for the loss, or failure to deliver, a car-load of lime, which had been delivered to the defendant at Blount Springs, for transportation to Birmingham, consigned to the plaintiffs. The complaint contained three counts.
Read the full summary
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellants, suing as partners, against the Louisville & Nashville Railroad Company, to recover $150 damages for the loss, or failure to deliver, a car-load of lime, which had been delivered to the defendant at Blount Springs, for transportation to Birmingham, consigned to the plaintiffs. The complaint contained three counts. The first count was against the defendant as a common carrier, claiming damages for the failure to deliver the lime. The second count alleged, that the defendant…
1Opinion of the CourtMoOLELLAN, J.
This is a suit by the appellants, against the Louisville & Nashville Railroad Company, for damages alleged to have been sustained by reason of defendant’s failure to deliver a car-load of lime to the Alabama Great Southern Railroad Company, for delivery by the latter company to the plaintiffs, to whom it belonged. Trial was had without jury, and exception reserved to the judgment rendered; which brings before this court the evidence introduced below, and imposes the duty of reviewing the conclusion reached by the City Court, that on the evidence plaintiffs were not entitled to recover. — Acts…
2Cases cited5 opinions
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Ala. Gt. So. Railroad v. Mt. Vernon Co.Supreme Court of Alabama · 1887
- Rice v. DrennenSupreme Court of Alabama · 1883
- Knox v. Rives, Battle & Co.Supreme Court of Alabama · 1848
- Haynie v. Waring & Co.Supreme Court of Alabama · 1856
3Cited by20 opinions
- Cochran v. KeetonCourt of Civil Appeals of Alabama · 1970
- Southern Ry. Co. v. Northwestern Fruit Exch.Supreme Court of Alabama · 1923
- Columbus & Western Railway Co. v. Ludden & BatesSupreme Court of Alabama · 1889
- Rice v. Oregon Short Line RailroadIdaho Supreme Court · 1921
- Clark v. Louisville N. R. R. Co.Supreme Court of Alabama · 1927
15 more not listed; retrieve them via the Exa API.