Davis & Son v. Hurt
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. John Mooke. This was an action of trover brought by the appellee, Peter T. Hurt, against the appellants, W. F. Davis & Son, warehousemen, to recover damages for the alleged conversón by the defendants, of three bales of cotton. Issue was joined upon the plea of the general issue.
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Appeal from the Circuit Court of Perry. Tried before the Hon. John Mooke. This was an action of trover brought by the appellee, Peter T. Hurt, against the appellants, W. F. Davis & Son, warehousemen, to recover damages for the alleged conversón by the defendants, of three bales of cotton. Issue was joined upon the plea of the general issue. On the trial of the cause, as is shown by the bill of exceptions, the testimony for the plaintiff tended to show that he had purchased from certain parties warehouse certificates for the three bales of cotton, which the holders of said certificates had…
1Opinion of the Court
BRICKELL, C. J. —
Warehousemen are of the class of bailees buund to ordinary diligence, and, of consequence, liable only for losses occurring from the want of ordinary care. When, however, upon demand made, the bailee fails to deliver goods entrusted to his care, or does not account for the failure to make delivery, prima facie negligence will be imputed to him; and the burden of proving loss without the want of ordinary care devolves upon him. — Seals v. Edmondson, 71 Ala. 509; Prince v. Ala. State Fair, 106 Ala. 340 ; Claflin v. Meyer, *15075 N. Y. 260 ; s. c. 31 Am. Rep. 467; Boies v. H. & N. H.…
2Cases cited10 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Prince v. Alabama State FairSupreme Court of Alabama · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Beck v. Wilkins-Ricks Co.Supreme Court of North Carolina · 1920
- Southern Express Co. v. SinclairSupreme Court of Georgia · 1908
- Lewis v. EbersoleSupreme Court of Alabama · 1943
- Hackney v. PerrySupreme Court of Alabama · 1907
- First Nat. Bank v. MorganSupreme Court of Alabama · 1925
35 more not listed; retrieve them via the Exa API.