Ala. & Tenn. Rivers Railroad v. Kidd
Supreme Court of Alabama
Appeal from tbe Circuit Court of Dallas. Tried before the Hon. Nat, Cook. This action was brought by John W. Kidd against the Alabama & Tennessee Rivers Railroad Co., to recover damages for its failure to deliver eight bales of cotton, which where shipped at Montevallo, to be transported to Selma ; and a count in trover was added. No pleas appear in the record.
Read the full summary
Appeal from tbe Circuit Court of Dallas. Tried before the Hon. Nat, Cook. This action was brought by John W. Kidd against the Alabama & Tennessee Rivers Railroad Co., to recover damages for its failure to deliver eight bales of cotton, which where shipped at Montevallo, to be transported to Selma ; and a count in trover was added. No pleas appear in the record. The bill of exceptions is as follows :— “ The plaintiff proved, by one Bates, that during the month of December, 1853, he was in the employment of defendant as keeper of their depot, or receiving house for said railroad, at Montevallo…
1Opinion of the CourtStone, J.
1. The appellant is a private corporation, (Angelí & Ames on Corporations, 28-4); and as the pleadings do not bring before us the act of incorporation, the question arises, had the company authority to appoint an agent? Corporations are clothed with power to do all acts that are necessary and proper to carry into effect the purposes of their creation. — Angelí & Ames on Corporations, 200, and authorities cited. The name of this corporation imports that it was created to construct a railroad, or use such road in transportation. Agents are necessary to the accomplishment of either object.
2. The…
2Cases cited8 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Gibson v. CulverNew York Supreme Court · 1837
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- West v. Kelly's Ex'rsSupreme Court of Alabama · 1851
- Kendall v. RussellCourt of Appeals of Kentucky · 1837
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Reynolds v. CollinsSupreme Court of Alabama · 1884
- Talladega Insurance v. PeacockSupreme Court of Alabama · 1880
13 more not listed; retrieve them via the Exa API.