Shaw v. Beers
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The appellant commenced two actions on the same day, before a justice of the peace, against the appellee, one to recover $50 for the hire of a horse, buggy and harness, and the other to recover $20 damages for injuries done to the buggy and harness while in defendant's possession; and both actions were removed by appeal into the Circuit Court.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The appellant commenced two actions on the same day, before a justice of the peace, against the appellee, one to recover $50 for the hire of a horse, buggy and harness, and the other to recover $20 damages for injuries done to the buggy and harness while in defendant's possession; and both actions were removed by appeal into the Circuit Court. In the case for hire, the court had charged the jury, that if the defendant, with the assent of the plaintiff, had taken the horse and buggy for the purpose of trying them, in…
1Opinion of the Court
GOLDTHWAITE, J. —
The bill of exceptions shows, that on the trial below, the judge held, that a recovery in an action for the hire of a horse, buggy and harness, was a bar to a recovery in the present suit, which was between the same parties to recover damages for injuries done to the buggy and harness while in the possession of the bailee. It is true, that where a claim is in its nature indivisible, it cannot be split up into different causes of action ; and this rule applies to torts as well as contracts. — Abner v. Holt, 11 Ala. 574; O’Neal v. Brown, 21 ib. 482. But this is not the case…
2Cases cited2 opinions
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- Mims v. SturdevantSupreme Court of Alabama · 1853
3Cited by13 opinions
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