Alabama Midland Railroad v. Darby & Son
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before Hon. J. M. Carmichael. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all evidence, the court at the request of the plaintiff gave to the jury the following written charge: “If the jury believe from the evidence that the plaintiff received notice on November 4th, and the same day went to get the goods, then the liability of the defendant as a common carrier had not ceased.”
Read the full summary
Appeal from Pike Circuit Court. Tried before Hon. J. M. Carmichael. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all evidence, the court at the request of the plaintiff gave to the jury the following written charge: “If the jury believe from the evidence that the plaintiff received notice on November 4th, and the same day went to get the goods, then the liability of the defendant as a common carrier had not ceased.” The defendant duly excepted to the giving of this charge, and also separately excepted to the court’s refusal to give the following…
1Opinion of the CourtHaralson, J.
Suit by consignees against a common carrier for failure to deliver goods.
The case was commenced in the justice’s court, by Darby & Son, where judgment was rendered in their favor against the defendant, by which it was taken to the circuit court, and retried with the same result.
The evidence tended to show that the goods shipped belonged to the plaintiffs. It also tended to show, on the part of the plaintiffs, that the goods were never delivered to them, and on the part of defendant, that they were delivered. That on the part of plaintiffs also tended to show, that they were not advised of the…
2Cases cited1 opinion
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
3Cited by3 opinions
- Ray v. StateSupreme Court of Alabama · 1899
- Louisville & Nashville R. R. v. BlankenshipSupreme Court of Alabama · 1917
- Johnston v. Lindsey Bros.Alabama Court of Appeals · 1911