H. H. Hitt Lumber Co. v. Ambrester
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by D. I. Ambrester against the H. H. Hitt Lumber Company, and others, in case, for the unauthorized use of a mule, and in conversion. Judgment for plaintiffs, and defendant appeals. Transferred from Court of Appeals under the act creating said court.
1Opinion of the CourtMcCLELLAN, J.
Ambrester, the appellee, states his cause of action against the appellants in two counts. *468The first is in case for the negligent overworking or overriding of a mule in the defendants’ possession as bailees, wherefrom the animal died; and the second is for the conversion of the animal by the defendants as custodians thereof, resulting from an unauthorized use of the animal, wherefrom it died.(1) The theory of fact upon which plaintiff rests his right to recover in trover is the hire of his animal by or for defendants for a definite service, and the use of the animal for and in a different,…
2Cases cited5 opinions
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Higman v. CamodySupreme Court of Alabama · 1895
- Weller & Co. v. CampSupreme Court of Alabama · 1910
- Cartlidge v. SloanSupreme Court of Alabama · 1899
- Fail v. McArthurSupreme Court of Alabama · 1857
3Cited by2 opinions
- Lisenby v. CappsSupreme Court of Alabama · 1917
- Wade v. GarnettSupreme Court of Alabama · 1919