Southern Ry. Co. v. Propst Duckworth
Alabama Court of Appeals
Appeal from Circuit Court, Lamar County; Bernard Harwood, Judge. Action by Propst & 'Duckworth, a partnership composed of J. M. Propst and L. P. Duckworth, against the Southern Railway Company, for damages for failure to deliver and for injury to certain cows and calves delivered by the plaintiffs to the defendant to be delivered to plaintiffs’ broker in St. Louis. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtSamford, J.
[1] There are but three assignments of error shown by the record; the first being that the court erred in. giving the general affirmative charge in favor of the plaintiff, as requested in writing. This charge is set out in the bill of exceptions, but is not in the record proper, as required by the statute. Acts 1915, p. 815. Under the decisions construing this act, the court cannot consider this assignment of error. Carter v. State (4 Div. 474), ante, p. 184, 76 South. 468; Pilcher v. State, post, p. 237, 77 South. 75; Dempsey v. State, 15 Ala. App. 199, 72 South. 773.
[2] The second…
2Cases cited6 opinions
- Pilcher v. StateAlabama Court of Appeals · 1917
- Dempsey v. StateAlabama Court of Appeals · 1916
- Nashville, C. & St. L. Ry. v. HindsSupreme Court of Alabama · 1912
- Illinois Central R. R. v. Kilgore & SonAlabama Court of Appeals · 1914
- Kilgore v. Tennessee, Coal, Iron & R. R.Supreme Court of Alabama · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Davis v. DawkinsSupreme Court of Alabama · 1922
- Mobile Light R. Co. v. ThomasAlabama Court of Appeals · 1917
- Alabama Great Southern Ry. Co. v. LawrenceAlabama Court of Appeals · 1917