Southern Railway Co. v. Moody
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by W. L. Moody against the Southern Ry. Co. for the loss of certain egg cases delivered to the carrier for transportation. The evidence is sufficiently stated in the opinion of the court. Prom a judgment for the full amount of the property the defendant appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by W. L. Moody against the Southern Ry. Co. for the loss of certain egg cases delivered to the carrier for transportation. The evidence is sufficiently stated in the opinion of the court. Prom a judgment for the full amount of the property the defendant appeals. The carrier Avas not liable for the total value of the goods but only liable for the damages resulting from delay. — 6 Cyc. 442 ^Hutchinson on Carriers (3rd Ed.) § 651; G. of Ga. R. R. Go. v. Montmollen, 39 South. 820. On the same authorities the person…
1Opinion of the Court
McCLELLAN, J
The appellee sued the appellant, a common carrier, adopting the code form (No. 15), for damages for the failure to deliver the appellee, as consignee, a number of egg cases. The original complaint in the justice’s court alleged the property not delivered to be 200 egg cases, and the complaint in the circuit court 20 egg cases. This variance is not available here, if, indeed, it is objectionable at all on appeal to the circuit court, where the trial is de novo.
The testimony shows Avithont conflict that a feAV days —in one aspect, one day — after the snit was instituted the…
2Cases cited3 opinions
- Ala. Great Southern Railroad v. Grabfelder & Co.Supreme Court of Alabama · 1887
- Central of Georgia R'y Co. v. MontmollenSupreme Court of Alabama · 1906
- South & Worth Alabama Railroad v. WilsonSupreme Court of Alabama · 1885
3Cited by1 opinion
- Atlantic Coast Line R. Co. v. J. W. Maddox Co.Supreme Court of Alabama · 1923