Alabama Great Southern Railroad v. Loveman Compress Co.
Supreme Court of Alabama
Appeal from Sumter Circuit Court. Heard before Hon. Bernard Harwood. Action by the Loveman Compress’ Company against the Alabama Great Southern Railroad Company, for the destruction of a compress and equipment. Judgment for plaintiff, and defendant appeals.
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Appeal from Sumter Circuit Court. Heard before Hon. Bernard Harwood. Action by the Loveman Compress’ Company against the Alabama Great Southern Railroad Company, for the destruction of a compress and equipment. Judgment for plaintiff, and defendant appeals. Count 2 of the complaint is as follows : Plaintiff claims of defendant the sum of $15,000 damages for that on, to-wit, the 28th day of January, 1914, the defendant, its servant or agent, while acting within the line or scope of their employment, negligently set fire to and destroyed the following described property. [Here follows a…
1Opinion of the Court
ANDERSON, C. J.(1) Defendant’s plea 8 is such a plea in abatement as is required to be verified by section 5332 of the Code of 1907, and was demurred to because not verified, and the trial court did not err in sustaining the demurrer. It might be that it could have been stricken on this account, but it could also have been eradicated by a demurrer. — Moore Bros. v. Cowan, 173 Ala. 536, 55 South. 903.(2) The only ground of objection to the evidence of the witness Barnes as to the value of the compress was that “he was not shown to be an expert in the valuation of property of this kind.”. A…
2Cases cited13 opinions
- Southern Ry. Co. v. MorrisSupreme Court of Alabama · 1904
- Jordan & Co. v. Collins & Co.Supreme Court of Alabama · 1894
- Tinney v. Central of Georgia Railway Co.Supreme Court of Alabama · 1900
- Alabama Great Southern Ry. Co. v. DemovilleSupreme Court of Alabama · 1910
- McCary v. Ala. Gt. South. R. R.Supreme Court of Alabama · 1913
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Carlisle v. MillerSupreme Court of Alabama · 1963
- Shelby County v. BakerSupreme Court of Alabama · 1959
- Jackson Lumber Co. v. TrammellSupreme Court of Alabama · 1917
- Louisville & N. R. Co. v. SteversonSupreme Court of Alabama · 1929
18 more not listed; retrieve them via the Exa API.