Riddle v. Driver
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. Trover by Driver against Riddle, for fifteen hundred bushels coal. At the trial, there was evidence tending to show a quantity of wood had been cut by the hands in tjie employment of the plaintiff, in the vicinity of a coaling ground, on public land.. There was also evidence tending to show that these hands, when they cut the wood, were in the employment of the defendant.
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Writ of Error to the Circuit Court of Talladega. Trover by Driver against Riddle, for fifteen hundred bushels coal. At the trial, there was evidence tending to show a quantity of wood had been cut by the hands in tjie employment of the plaintiff, in the vicinity of a coaling ground, on public land.. There was also evidence tending to show that these hands, when they cut the wood, were in the employment of the defendant. The plaintiff employed the men who hauled the wood to the coal pit. An agent for the defendant forbid these men to haul the wood for the plaintiff, but he told them to go on…
1Opinion of the CourtGoldthwaite, J.
On authority, this case was correctly decided by the court below. It seems to have been a Well settled rule of the ancient common law, that the owner of a chattel retained his right of property in it, so long as it was capable of being identified as the same thing, although its *592form might have been entirely changed. [Viner’s Ab. Prop. F, 5.] The precise question with reference to property in coal, where the wood belonged to the plaintiff, was determined in Curtis v. Guant, 6 Johns. 168. So, where logs were converted, and sawed into boards or shingles, it has been held that trover for the…
2Cases cited2 opinions
- Curtis v. GroatNew York Supreme Court · 1810
- Betts v. LeeNew York Supreme Court · 1810
3Cited by9 opinions
- Wetherbee v. GreenMichigan Supreme Court · 1871
- White v. YawkeySupreme Court of Alabama · 1895
- Winchester v. CraigMichigan Supreme Court · 1876
- Birmingham Mineral Railroad v. Tennessee Coal, Iron RailroadSupreme Court of Alabama · 1899
- Isle Royale Mining Co. v. HertinMichigan Supreme Court · 1877
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