Cox, Hill & Thompson v. Columbus & Western Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellants, a mercantile partnership doing business in Atlanta, Georgia, to recover damages of the defendant, a coiqioration operating a railroad between Opelika and Goodwater, for an alleged breach of contract (or duty)-in delivering to one Caldwell, at Goodwater, twenty-five barrels of whiskey shipped by plaintiffs 1'rom Atlanta over the defendant’s road, without…
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Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellants, a mercantile partnership doing business in Atlanta, Georgia, to recover damages of the defendant, a coiqioration operating a railroad between Opelika and Goodwater, for an alleged breach of contract (or duty)-in delivering to one Caldwell, at Goodwater, twenty-five barrels of whiskey shipped by plaintiffs 1'rom Atlanta over the defendant’s road, without requiring and collecting from him payment of the price; or, as alleged in one of the counts of the complaint,…
1Opinion of the CourtClopton, J.
A brief statement of the averments of the several counts of the complaint, five in number, is requisite to a proper understanding of the questions raised by the assignments of error, which go to the rulings of the court overruling demurrers to the special pleas of defendant. The first count substantially avers, that plaintiffs, during the years 1883, 1884 and 1885, shipped, at different times, a number of bar*394rels of whiskey from Atlanta, Georgia, to Goodwater, Alabama; that the Atlanta & West-Point Railroad Company issued through bills of lading for the transportation of the whiskey over its…
2Cases cited2 opinions
- Montgomery & Eufaula Railway Co. v. Chambers & AbercrombieSupreme Court of Alabama · 1885
- Meyer v. LemckeIndiana Supreme Court · 1869
3Cited by6 opinions
- Coca Cola Co. v. Pepsi-Cola Co.Superior Court of Delaware · 1934
- McNamara v. LoganSupreme Court of Alabama · 1893
- Britling Cafeteria Co. v. IrwinSupreme Court of Alabama · 1935
- Danciger v. WellsU.S. Circuit Court for the District of Western Missouri · 1907
- Adams Express Co. v. CommonwealthCourt of Appeals of Kentucky · 1906
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