Southern Railway Co. v. W. T. Adams Machinery Co.
Supreme Court of Alabama
Loss of Goods 1>¶ Fire. Appear from Colbert Circuit Court. ■ Heard, before Hon. C. P. Armón. Action by tbe W. T. Adams Machine Company against the Southern Railway Company for loss of goods by fire. From a judgment for plaintiff, defendant appeals.
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Loss of Goods 1>¶ Fire. Appear from Colbert Circuit Court. ■ Heard, before Hon. C. P. Armón. Action by tbe W. T. Adams Machine Company against the Southern Railway Company for loss of goods by fire. From a judgment for plaintiff, defendant appeals. The complaint is in the following form: (1) “Plaintiff claims of the defendant $750 damages for the failure to deliver certain goods, consisting of the following machinery: (Here follows detailed description of same) — received by the defendant as common carrier to be delivered to plaintiff at Florence, Alabama, for a reward, which it failed to…
1Opinion of the CourtSayre, J.
— There was objection to the amendment made by the addition of count 6 on the ground that it was a departure from the cause of action stated in the original complaint and operated a misjoinder of counts. Count 1, which constituted the complaint at the time of the filing of the amendment, followed the form laid down in section 5382 of the Code — then section 3352 of the Code of 1896 — for an action against a common carrier on a contract of carriage, and stated a cause of action ex contractu. — Tallassee Falls Co. v. Western Railway, 117 Ala. 520, 23 South. 139, 67 Am. St. Rep. 179; N. C. & St.…
2Cases cited15 opinions
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Louisville & Nashville Railroad v. LandersSupreme Court of Alabama · 1902
- Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
- Richmond & Danville Railroad v. Benson & Co.Supreme Court of Georgia · 1890
- Faulkner v. . HartNew York Court of Appeals · 1880
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3Cited by3 opinions
- Birmingham News Co. v. Birmingham Printing Co.Supreme Court of Alabama · 1925
- American Railway Express Co. v. JuddSupreme Court of Alabama · 1925
- H. & L. M. Warten Cotton Co. v. Southern Ry. Co.Supreme Court of Alabama · 1922