Mcneill v. Atlantic Coast Line Ry. Co.
Supreme Court of Alabama
Appeal from Crenshaw Circuit Court. Heard before Hon. J. C. Rioi-iardson. Action by J. W. McNeill against the Atlantic Coast Line Railroad Company for damages for failure to deliver lumber. Judgment for defendant and plaintiff appeals. The demurrer to the several replications to pleas 2, 5 and 6 should have been overruled as they set up facts constituting an estoppel. —Brooks v. Continental Ins.
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Appeal from Crenshaw Circuit Court. Heard before Hon. J. C. Rioi-iardson. Action by J. W. McNeill against the Atlantic Coast Line Railroad Company for damages for failure to deliver lumber. Judgment for defendant and plaintiff appeals. The demurrer to the several replications to pleas 2, 5 and 6 should have been overruled as they set up facts constituting an estoppel. —Brooks v. Continental Ins. Co., 125 Ala. 615; Tobias v. Morris, 126 Ala. 585; Turner v. Flinn, 72 Ala. 532; Allen v. Maury, 66 Ala. 10; Young v. Lehman, 63 Ala. 519; 16 Cyc. 772 and 785. The replication was not a departure. — 1…
1Opinion of the CourtMayfield, J.
This was an action by appellant against appellee for the failure to deliver a car load of cypress lumber delivered by appellant to defendant as common carrier at- Luverne, Ala., to be shipped to Cincinnati, Ohio, for a reward. The appellant was both the consignor and consignee. The complaint as last amended consisted of three counts, denominated A, B, and C, respectively. Each count is substantially in the form prescribed by the Code for actions on a bill of lading of common carriers. Form 15, p. 946, of the Code of 1896. Counts A and B claim damages for failure to deliver generally, while…
2Cases cited2 opinions
- Winter v. Mobile Savings BankSupreme Court of Alabama · 1875
- Southern Railway Co. v. RosenbergSupreme Court of Alabama · 1900
3Cited by5 opinions
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- Central of Ga. Ry. Co. v. Chicago Varnish Co.Supreme Court of Alabama · 1910
- Central of Georgia Railway Co. v. SimsSupreme Court of Alabama · 1910
- Metropolitan Life Ins. Co. v. JamesSupreme Court of Alabama · 1935
- Birmingham Railway, Light & Power Co. v. PrattAlabama Court of Appeals · 1914