Holland v. Southern Express Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before the Hon. "John Moore. This was an action brought by the appellant, S. W. Holland, against the Southern Express Company.
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Appeal from the Circuit Court of Conecuh. Tried before the Hon. "John Moore. This was an action brought by the appellant, S. W. Holland, against the Southern Express Company. The complaint as originally filed contained but one count, which was as follows : “ The plaintiff claims of the defendant, a foreign corporation doing business in the State of Alabama, one hundred and eighty-eight and 03-100 dollars damages, for the failure to deliver one package of money containing one hundred and eighty-eight and 03-100 dollars, received by it as a common carrier to be delivered to the plaintiff at…
1Opinion of the Court
HEAD, J. —
In the case of McDaniel v. Johnston, 110 Ala. 526, we held that an action against a common carrier, the same, in principle, as the original complaint in this cause, was an action ex contractu, and not ex delicto, citing A. G. S. R. R. Co. v. Eichofer, 100 Ala. 224; McCarthy v. L. & N. R. R. Co., 102 Ala. 193.
Counts 2 and 3, filed by way of amendment, were in *131case, and could not be legally joined with the original complaint. The court, therefore, properly struck them from the file, on motion of the defendant.
If, by any just construction, the averments of negligence in these…
2Cases cited3 opinions
- McCarthy v. Louisville & Nashville RailroadSupreme Court of Alabama · 1893
- McDaniel v. JohnstonSupreme Court of Alabama · 1895
- Ala. Great Southern Railroad v. EichoferSupreme Court of Alabama · 1893
3Cited by2 opinions
- Tallassee Falls Manufacturing Co. v. Western RailwaySupreme Court of Alabama · 1897
- Southern Railway Co. v. RosenbergSupreme Court of Alabama · 1900