Louisville & N. R. v. John W. O'Neill Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; H. A. Sharpe, Judge. Two actions by the John W. O’Neill Company against the Louisville & Nashville Railroad Company, consolidated. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. Appellee'failed to make out a case for recovery against appellant. 153 Ala. 274, 45 South. 229. The motion to strike the bill should not prevail.
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Appeal from Circuit Court, Jefferson County ; H. A. Sharpe, Judge. Two actions by the John W. O’Neill Company against the Louisville & Nashville Railroad Company, consolidated. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. Appellee'failed to make out a case for recovery against appellant. 153 Ala. 274, 45 South. 229. The motion to strike the bill should not prevail. Section 5359, Code 1907, as amended by Acts 1915, p^ 824. The bill of exceptions violates rule 32, Ct. Court Practice, and it should be stricken. 127 Ala.…
1Opinion of the CourtMcCLELLAN, J.
[1] This appellee instituted two actions against the appellant to recover damages consequent upon the injury to or destruction of goods consigned to ap pellee from a point in Indiana, the appellant being the delivering carrier. These cases were numbered 9808 and 9809 opi the docket of the Jefferson circuit court. By consent of both parties the cases were tried together by the court, without jury; and in both judgment was rendered for plaintiff. Both cases were appealed; and the bill of exceptions in the present record — being case numbered 9808 in the circuit court — contains the whole…
2Cases cited1 opinion
- Lisenby v. CappsSupreme Court of Alabama · 1917
3Cited by5 opinions
- Inland Mutual Insurance Company v. HightowerSupreme Court of Alabama · 1962
- Chestang v. KirkSupreme Court of Alabama · 1928
- Illinois Central Railroad v. StimsonCourt of Appeals of Kentucky · 1925
- Inland Mutual Insurance Company v. HightowerSupreme Court of Alabama · 1962
- Louisville N. R. Co. v. John W. O'Neill Co.Supreme Court of Alabama · 1920