Bethea-Starr Packing & Shipping Co. v. Mayben
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by Mrs. Alice Mayben against tbe BetheaStarr Packing & Shipping Company for damages, for the destruction of the subject of bailment by fire. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under the act creating said court.
1Opinion of the CourtThomas, J.
This is an action for damages for the destruction by fire of appellee’s household goods and furniture while stored in appellant’s warehouse. The complaint contained three counts. The court gave the affirmative charge for the appellant on the first count. The assignments of error are based on the refusal of the court to instruct the jury that plaintiff could not recover under counts 2 and 3 of the complaint. The gravamen of count 2 is that appellant, at the time it made the contract for the storage of the goods, represented to appellee that the building in which appellee’s goods would be…
2Cases cited15 opinions
- Hafer v. ColeSupreme Court of Alabama · 1912
- Prince v. Alabama State FairSupreme Court of Alabama · 1894
- Seals v. EdmondsonSupreme Court of Alabama · 1882
- Sledge v. ScottSupreme Court of Alabama · 1876
- Adams v. BroughtonSupreme Court of Alabama · 1848
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3Cited by7 opinions
- Fidelity & Casualty Co. v. J. D. Pittman Tractor Co.Supreme Court of Alabama · 1943
- Standard Oil Co. v. MyersSupreme Court of Alabama · 1936
- Mutual Savings Life Ins. Co. v. OsborneSupreme Court of Alabama · 1943
- Lauderdale County Cooperative, Inc. v. LansdellSupreme Court of Alabama · 1955
- Roth Shoe Mfg. Co. v. KartusAlabama Court of Appeals · 1924
2 more not listed; retrieve them via the Exa API.