Western Ry. v. Hart
Supreme Court of Alabama
Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by O. M. Hart and another against the Western Kailway of Alabama. From a judgment for plaintiffs, defendant appeals.
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Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by O. M. Hart and another against the Western Kailway of Alabama. From a judgment for plaintiffs, defendant appeals. It is deemed unnecessary to set out the counts of the complaint, other than the following: (2) “Plaintiffs sue defendant for a breach of the contract, and aver that during the entire month of January, 1906, the defendant was a common carrier of freight between Montgomery and Selma, both in the state of Alabama; that on, to wit, the 19th day of said month, in said year, another common carrier, connecting with…
1Opinion of the CourtAnderson, J.
The complaint was amended in its-entirety on May 28, 1908, subsequent to the adoption of the Code of 1907, and the rulings complained of by the appellant relate to the said amended complaint. Section 5329 of the Code of 1907 says: “All actions ex delicto may be joined in the same suit, and may be joined with actions ex contractu arising out of the same transaction, or relating to the same subject-matter, and the issues may be determined separately by the jury, and the proper judgment shall be rendered by the court and the costs fairly apportioned.” Each count in the case at bar relates to the…
2Cases cited1 opinion
- Tallassee Falls Manufacturing Co. v. Western RailwaySupreme Court of Alabama · 1897
3Cited by17 opinions
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Loval v. WolfSupreme Court of Alabama · 1912
- Findlay v. HardwickSupreme Court of Alabama · 1935
- Greek-American Produce Co. v. Illinois Central R. R.Alabama Court of Appeals · 1912
- Ison Finance Co. v. GlasgowSupreme Court of Alabama · 1957
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