Southern Railway Co. v. Webb
Supreme Court of Alabama
Appkal from the Circuit Court of Jackson. Tried before the Hon. J. A. Bilbro. This, action brought, by L. T. Webb against the Southern Bailroad Company, to recover damages for the alleged breach of a contract of affreightment. The complaint contained two counts. The first count was in the Code form against a common carrier upon a bill of lading.
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Appkal from the Circuit Court of Jackson. Tried before the Hon. J. A. Bilbro. This, action brought, by L. T. Webb against the Southern Bailroad Company, to recover damages for the alleged breach of a contract of affreightment. The complaint contained two counts. The first count was in the Code form against a common carrier upon a bill of lading. The second count sought to recover damages for special breaches of the contract of affreightment, by reason of the defendant failing to deliver the car load of hogs shipped to the assignees. The damages claimed' were sufficiently shown in the opinion.…
1Opinion of the CourtTyson, J.
This action is for the recovery of damages for it-he breach of a contract of affreightment -for a car of hogs received by defendant at Paint Rock, in this State, to he transported by it to Atlanta, Georgia, and there delivered by it to Askew & Mixon, to whom it is alleged the hogs were consigned, as plaintiff’s agents.
The special breach alleged in the second count of the complaint is, that the defendant failed to deliver the hogs to the consignees, but delivered them to another and different person, to-wilt; Brady Union. .Stock Yards. The damages, sought to he recovered under this count, were…
2Cases cited6 opinions
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- Louisville & Nashville Railroad v. LandersSupreme Court of Alabama · 1902
- Nashville, Chattanooga & St. Louis Railway Co. v. Parker & Co.Supreme Court of Alabama · 1898
- Foster v. NapierSupreme Court of Alabama · 1883
- Jackson v. SmithSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1918
- Louisville & Nashville R. R. v. FletcherSupreme Court of Alabama · 1915
- Western Union Telegraph v. BurnsSupreme Court of Alabama · 1910
12 more not listed; retrieve them via the Exa API.