Wood v. West Pratt Coal Co.
Supreme Court of Alabama
Appeal from. Birmingham City Court. . Heard before Hon. C. W. Ferguson. Action by Sterling A. Wood and others against the West Pratt Coal Company. The appellants sued appellee in trover for the conversion of ten tons of railroad iron, called “T rads,” five iron tipples, ten tram cars, frogs, switches, and other material. There was also a second count in case for destroying plaintiff’s title and right to. use tlip. above property.
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Appeal from. Birmingham City Court. . Heard before Hon. C. W. Ferguson. Action by Sterling A. Wood and others against the West Pratt Coal Company. The appellants sued appellee in trover for the conversion of ten tons of railroad iron, called “T rads,” five iron tipples, ten tram cars, frogs, switches, and other material. There was also a second count in case for destroying plaintiff’s title and right to. use tlip. above property. There were demurrers to the complaint, which were overruled, and issue was joined on the pleas of not guilty. On the trial the evidence showed that the defendants…
1Opinion of the CourtSimpson, J.
This was a suit brought by the appellants against the appellee for the conversion of certain property, with a second count in case. The first point insisted on in the brief of appellant is that the court erred in excluding evidence to the effect that McFarland was indebted to the plaintiff. There was no error in this, as the claim of the plaintiff did not in any manner depend on whether or not McFarland was indebted to him. The plaintiff’s right, under the lease, was to use the property until the ore was all mined from the land, if the said McFarland abandoned it before that was done.
The…
2Cases cited6 opinions
- Barrett v. FischSupreme Court of Iowa · 1889
- Rhutasel v. StephensSupreme Court of Iowa · 1886
- Warner v. WilsonSupreme Court of Iowa · 1887
- Cragin & Knobles v. DickeySupreme Court of Alabama · 1896
- Sperry v. ClarkeSupreme Court of Iowa · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stewart v. ClemensSupreme Court of Alabama · 1929
- First Shelby Nat. Bank v. MitchellCourt of Civil Appeals of Alabama · 1981
- Gaertner v. Western Elevator Co.Supreme Court of Minnesota · 1908
- Abernathy v. WorthySupreme Court of Alabama · 1930
- Dutton v. GibsonSupreme Court of Alabama · 1930
3 more not listed; retrieve them via the Exa API.