Walter v. Alabama Great Southern R. R.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This was án action brought by the appellant, Wm, D. Walter, against the Alabama. Great Southern R. R. Company to recover damages for loss of and injury to freight which had been shipped over defendant’s railroad.
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Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This was án action brought by the appellant, Wm, D. Walter, against the Alabama. Great Southern R. R. Company to recover damages for loss of and injury to freight which had been shipped over defendant’s railroad. The complaint originally filed contained only one count, which was in words and figures as follows: 1. “The plaintiff claims of the defendant the sum of one thousand dollars damages for that whereas, on, to-wit, the 19th day. of October, 1901, the plaintiff delivered to New York Central & Hudson River…
1Opinion of the CourtDenson, J.
The complaint in this case when filed contained only one count. By leave of the court the plaintiff amended the complaint by adding a second count. The second count is substantially in the form prescribed by the code, No. 15, page 946, for suit against a common carrier on a bill of lading, with some additional averments made necessary by the suit having been brought against the defendant as a connecting carrier. The demurrer to this count was improperly sustained. McCarthy & Baldwin v. L. & N. R. R. Co., 102 Ala. 193; L. & N. R. R. Co. v. Landers, 135 Ala. 504.
After demurrers were sustained…
2Cases cited15 opinions
- Louisville & Nashville Railroad v. LandersSupreme Court of Alabama · 1902
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- McCarthy v. Louisville & Nashville RailroadSupreme Court of Alabama · 1893
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
- Capehart v. Furman Farm Improvement Co.Supreme Court of Alabama · 1893
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3Cited by16 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Brennisen v. Pennsylvania RailroadSupreme Court of Minnesota · 1907
- Louisville N. R. Co. v. StricklandSupreme Court of Alabama · 1929
- Southern Ry. Co. v. Northwestern Fruit Exch.Supreme Court of Alabama · 1923
- Atlantic C. L. Ry. Co. v. Enterprise Cotton Co.Supreme Court of Alabama · 1917
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