Nashville, C. & St. L. Ry. v. Hinds
Supreme Court of Alabama
Question certified from the Court of Appeals. A. M. Hinds brought an action against the Nashville, Chattanooga & St. Louis Railway for damages for injury to stock. The defendant set up in pleas 4 and 7 certain clauses of the contract of shipment, and on appeal to the Court of Appeals, from a judgment for plaintiff, the Court of Appeals certified certain questions of law to the Supreme Court.
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Question certified from the Court of Appeals. A. M. Hinds brought an action against the Nashville, Chattanooga & St. Louis Railway for damages for injury to stock. The defendant set up in pleas 4 and 7 certain clauses of the contract of shipment, and on appeal to the Court of Appeals, from a judgment for plaintiff, the Court of Appeals certified certain questions of law to the Supreme Court. The stipulation was. good and the plea setting it up was good. — 0. of Ga. v. Henderson, 152 Ala. 203. Section 4297 of the Code does not have the effect of annulling or superseding this decision. The…
1Opinion of the CourtAnderson, J.
— The opinion of the Supreme Court . is invoked, pursuant to the statute, because of division among the Judges of the Court of Appeals upon questions of law set forth and shown by the following certification :
“In the above-entitled case, the Judges of this court being unable to reach a unanimous conclusion, the undersigned Judges of said court, pursuant to the provisions of the statute in such cases made and provided, hereby certify to the Supreme Court of Alabama the following questions of law as to which the Judges differ:
“In said case there was one count to the complaint, which was in the…
2Cases cited2 opinions
- Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
- Central of Georgia Railway Co. v. HendersonSupreme Court of Alabama · 1907
3Cited by10 opinions
- Western U. T. Co. v. BrazierAlabama Court of Appeals · 1914
- Davis v. DawkinsSupreme Court of Alabama · 1922
- Nashville, Chattanooga & St. Louis Railway v. HindsAlabama Court of Appeals · 1912
- Illinois Central R. R. v. Kilgore & SonAlabama Court of Appeals · 1914
- Nashville, C. & St. L. Ry. Co. v. CamperSupreme Court of Alabama · 1918
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