Anniston & Atlantic Railroad v. Ledbetter & Farmer
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. B. F. Cassady. The defendant could not be held hable as a common carrier.' — C. c& W. R. R. Co. v. Ludden, 89 Ala. 612; Felton v. R. R. Co., 54 N. Y. 214; Butler v. R. R. Co., 9 Am. & Eng.
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Appeal from the City Court of Anniston. Tried before the Hon. B. F. Cassady. The defendant could not be held hable as a common carrier.' — C. c& W. R. R. Co. v. Ludden, 89 Ala. 612; Felton v. R. R. Co., 54 N. Y. 214; Butler v. R. R. Co., 9 Am. & Eng. R. R. Oases, 249. The court erred in sustaining the demurrer to defendant’s plea of the statute of limitations of one year. — Chambers v. Seay, 8T Ala. 558; Chambers v. Seay, 73 Ala. 379; Whilden v. Bank, Vol. 92, 64 Ala. 1; Frink v. Potter, 17 111. 406; 2 Am. & Eng. Encyc. of Law, 903. There was no error • in allowing the complaint to be…
1Opinion of the CourtColeman, J.
Appellees sued appellant, as a common carrier, for the loss of lumber, in a justice’s court. The case was appealed on the 2d of November, 1888, to the Circuit Court, and under the statute was transferred to the City Court. The complaint as first declared was in the common form of an action against the defendant as a common carrier. On February 26th, 1890, the plaintiffs amended their complaint by adding a count against the defendant as warehouseman. To this count, the defendant interposed the statute of limitations of one year, and the court sustained a demurrer to the defendant’s plea of the…
2Cases cited7 opinions
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- King v. AverySupreme Court of Alabama · 1861
- Mahan v. SmithermanSupreme Court of Alabama · 1882
- Columbus & Western Railway Co. v. Ludden & BatesSupreme Court of Alabama · 1889
- Long v. PattersonSupreme Court of Alabama · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
- Louisville & Nashville Railroad v. WoodsSupreme Court of Alabama · 1894
- Steiner Bros. v. First National BankSupreme Court of Alabama · 1896
- Collins v. Alabama Great Southern RailroadSupreme Court of Alabama · 1893
- Turner v. WhiteSupreme Court of Alabama · 1892
3 more not listed; retrieve them via the Exa API.