Louisville & Nashville Railroad v. Cowherd
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before Hon. H. A. Sharpe. This was an action brought by the appellee against the appellant. The purpose of the suit and the facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence, the court at the request of the plaintiff gave to the jury the following written charges : (1.) “The burden of proof in this case is on the defendant.”
Read the full summary
Appeal from the City Court of Birmingham. Tried before Hon. H. A. Sharpe. This was an action brought by the appellee against the appellant. The purpose of the suit and the facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence, the court at the request of the plaintiff gave to the jury the following written charges : (1.) “The burden of proof in this case is on the defendant.” (2.) “In weighing the testimony of witnesses, the jury have the right to consider their manner on the stand, and their opportunities of knowing what they are testifyifig…
1Opinion of the CourtBrickell, C. J.
Appellee sued to recover damages for the loss by fire in appellant’s depot at Gadsden, of certain household goods which had been received by appellant at Lebanon, Ky., for transportation to Gadsden. The first count of the complaint charges defendant as a common carrier, and the second as a warehouseman. In consideration of reduced rates appellee had entered into a special contract whereby appellant was released from all liability for damages arising from fire and other specified causes, “not the result of the *56carelessness or. negligence of the agents or employee's of the company.” The goods…
2Cases cited5 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Steele v. TownsendSupreme Court of Alabama · 1861
- Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
- Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
3Cited by9 opinions
- Pappas v. Alabama Power CompanySupreme Court of Alabama · 1960
- Western U. T. Co. v. BrazierAlabama Court of Appeals · 1914
- Southern Ry. Co. v. LevySupreme Court of Alabama · 1905
- Central of Ga. Ry. Co. v. BurtonSupreme Court of Alabama · 1910
- Alabama Great Southern R. Co. v. HerringSupreme Court of Alabama · 1937
4 more not listed; retrieve them via the Exa API.