Young v. East Ala. Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before Hon. James Aiken. This action was brought by J. D. Young against the East Alabama Railway Company, a domestic corporation, to recover a pool table, with the value of tbe use or hire of the same; and was commenced on 18th July, 1884. The plea of tbe defendant was the general issue.
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Appeal from the Circuit Court of Etowah. Tried before Hon. James Aiken. This action was brought by J. D. Young against the East Alabama Railway Company, a domestic corporation, to recover a pool table, with the value of tbe use or hire of the same; and was commenced on 18th July, 1884. The plea of tbe defendant was the general issue. The evidence showed that the plaintiff purchased the poo] table in controversy from M. Mil-burn, for tbe agreed price of two hundred and fifty dollars. Tlie table was, all the time, in the possession of the depot agents of the defendant at Gadsden, consigned to…
1Opinion of the CourtSomerville, J.
1. The bill of lading being shown to have been out of the jurisdiction of the court, in the hands of persons resident in the State of Ohio, the court properly ruled that it was competent to prove the contents of the paper by oral evidence. Under this state of facts such secondary evidence was admissible. — Gordon v. Tweedy, 74 Ala. 252; Martin v. Brown, 75 Ala. 442.
2. The title and property in the goods in controversy very *102obviously did not pass to Milburn under his contract of purchase. The vendors and shippers — the Brunswick & Bailee Collender Company of Cincinnati — made themselves the…
2Cases cited4 opinions
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
- City Council v. Montgomery Water Works Co.Supreme Court of Alabama · 1884
- Powell v. Robinson & LedyardSupreme Court of Alabama · 1884
- Edwards, Hudmon Co. v. MeadowsSupreme Court of Alabama · 1881
3Cited by14 opinions
- Missouri, Kansas & Texas Railway Co. v. DilworthTexas Supreme Court · 1902
- Manning v. MaroneySupreme Court of Alabama · 1888
- Tribble v. StateSupreme Court of Alabama · 1906
- Langston v. StateSupreme Court of Alabama · 1892
- Hoyle v. MannSupreme Court of Alabama · 1905
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