Burger v. Peerless L. & Mfg. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by J. Burger and others against the Peerless Lumber & Manufacturing Company, for damages for trespass, and injury to goods. Judgment for defendant and plaintiffs appeal. Transferred from Court of Appeals.
1Opinion of the CourtMcclellan, J.
Action for damages, instituted by the appellants against the appellee. The complaint contains two counts, one in trespass, and the other in case. The cause of action declared on arose out of the act of Will Emery, a negro driver of a delivery wagon used by the defendant in its mill business at Birmingham. Emery was sent by defendant to deliver to Drennen & Co. — a different mercantile concern doing business next door to the plaintiffs in that city — a load of lumber. Emery placed the lumber in an upright position on a rear elevator belonging to and used by the plaintiffs to lift goods, etc.,…
2Cases cited8 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Thompson v. CollierSupreme Court of Alabama · 1911
- Drake v. Lady Ensley Coal, Iron & Railway Co.Supreme Court of Alabama · 1893
- Pruitt v. EllingtonSupreme Court of Alabama · 1877
- Alabama Midland Railway Co. v. Martin & Bro.Supreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- St. Louis-San Francisco Ry. Co. v. RobbinsSupreme Court of Alabama · 1929