Legal Opinion

Johnson v. Louisville N. R. Co.

Supreme Court of Alabama

Decided April 8, 1920No. 6 Div. 42PublishedCited by 2 opinions

Appeal from Circuit Court, Jefferson County; J. O. B. Gwynn, Judge. Action by Jesse Johnson against the Louisville & Nashville Railroad Company for damages for failure to deliver household goods. After judgment for plaintiff from which defendant took an appeal, plaintiff filed separate cross-appeal. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. Counsel discuss the errors assigned; but, in view of the prevailing opinion, the authorities are not here set out.

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Appeal from Circuit Court, Jefferson County; J. O. B. Gwynn, Judge. Action by Jesse Johnson against the Louisville & Nashville Railroad Company for damages for failure to deliver household goods. After judgment for plaintiff from which defendant took an appeal, plaintiff filed separate cross-appeal. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. Counsel discuss the errors assigned; but, in view of the prevailing opinion, the authorities are not here set out. Counsel discuss errors assigned on the original submission, but on rehearing they insist cross-appeal was not properly…

1Opinion of the Court

McCLELLAN, j.

The previous appeal of this with a companion cause is reported in 202 Ala. 640, 81 South. 582-584. In response to defendant’s motion for a new trial — containing a ground that the amount of the verdict (i. e., $500) was excessive, and manifested passion, prejudice, etc. — the court made this order:

“September 11, 1919, judgment- for damages and unlawful detention of property sued for reduced to $150.00 in the case of Jesse Johnson against the defendant and motion to set aside verdict and judgment overruled.”

[1] The plaintiff (appellant) not only did not consent to this reduction,…

2Cases cited3 opinions

  1. Montgomery Traction Co. v. KnabeSupreme Court of Alabama · 1908
  2. Richardson v. Birmingham Cotton Manufacturing Co.Supreme Court of Alabama · 1896
  3. James v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1919

3Cited by2 opinions

  1. Cooper v. CooperSupreme Court of Alabama · 1921
  2. Cumbee v. Eady-Baker Grocery Co.Supreme Court of Alabama · 1924

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