Legal Opinion

Southern Railway Co. v. Moody

Supreme Court of Alabama

Decided December 1, 1910PublishedCited by 7 opinions

Damage for Failure to Deliver Freight. Appeal from Jackson Circuit Court. Heard before 1-Ion. W. W. Haralson. Action by W. L. Moody against the Southern Railway Company for damages for delay in delivery of freight. Judgment for defendant and plaintiff appeals. The appellate court Avill not examine into extrinsic facts to see whether or not from the evidence introduced the facts Avere correctly found by the court.

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Damage for Failure to Deliver Freight. Appeal from Jackson Circuit Court. Heard before 1-Ion. W. W. Haralson. Action by W. L. Moody against the Southern Railway Company for damages for delay in delivery of freight. Judgment for defendant and plaintiff appeals. The appellate court Avill not examine into extrinsic facts to see whether or not from the evidence introduced the facts Avere correctly found by the court. In revieAving such judgment the appellate court confines itself to determining whether or not the facts found and set forth in the special finding authorized the judgment rendered. —…

1Opinion of the CourtS'Impson, J.

This action is by the appellee for damages for failure, on the part of the appellant, a common carrier, to deliver certain goods, to wit, certain, material for constructing shipping boxes for eggs. The facts are that the material in question was delivered to the defendant, at Huntsville, Ala., on June 5, 1906, for shipment to the plaintiff, at Scottsboro, Ala.; that on the 11th day of June, the goods not having been delivered, the plaintiff brought this suit; that on the 12th day of June the goods arrived and were tendered to the plaintiff, hut he refused to receive the same, as he had…

2Cases cited4 opinions

  1. Williams v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
  2. Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
  3. Alabama Chemical Co. v. GeissSupreme Court of Alabama · 1904
  4. Nichols v. RaschSupreme Court of Alabama · 1903

3Cited by7 opinions

  1. Samuels v. ScottSupreme Court of Alabama · 1925
  2. Louisville & Nashville R. R. v. CheatwoodAlabama Court of Appeals · 1915
  3. Southern Railway Co. v. LangleySupreme Court of Alabama · 1913
  4. Atlantic Coast Line R. Co. v. Enterprise Oil Co.Supreme Court of Alabama · 1924
  5. Davison v. MacCabeesSupreme Court of Alabama · 1927

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