Southern Express Co. v. Ruth & Son
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hou. Gaston Gunter. Action by C. L. Butli & Sous against the Southern Express Company, for damages for the wrongful delivery of goods. Judgment for plaintiff and defendant appeals.
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Appeal from Montgomery City Court. Heard before Hou. Gaston Gunter. Action by C. L. Butli & Sous against the Southern Express Company, for damages for the wrongful delivery of goods. Judgment for plaintiff and defendant appeals. The demurrers to the pleas were too general. — Ryall v. Allen, 143 Ala. 222; Moore v. Hein eke, 119 Ala. 627. Where the demurrer does not specify the objections it should be overruled, although the pleading is not good. — Turk v. State, 140 Ala. 110; Wilke v.. Johnson, 132 Ala. 268. The clause in the contract requiring presentation of claims for damages is valid, —…
1Opinion of the Court
PELHAM, J. —
The judges of this court being unable to reach a unanimous conclusion or decision in this case, under the provisions of the law in such cases made and provided (Acts 1913, p. 96, § 2), the following questions of law were submitted as abstract propositions to the Supreme Court:
“Suit was brought in the trial court by the shippers, C. L. Ruth & Son, against a common carrier, the Southern Express Company, for the conversion of a diamond ring of the value of $165.
“The undisputed proof showed the ring to be worth $3.65, and to be the property of the shippers, a firm engaged in the…
2Cases cited13 opinions
- Merchants & Miners Transportation Co. v. Moore & Co.Supreme Court of Georgia · 1905
- Edmunds v. Merchants' Despatch Transportation Co.Massachusetts Supreme Judicial Court · 1883
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
- Floyd v. ClaytonSupreme Court of Alabama · 1880
- Samuel v. CheneyMassachusetts Supreme Judicial Court · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Strickland Transp. Co., Inc. v. American Distributing CoCourt of Appeals for the Fifth Circuit · 1952
- Greyvan Lines, Inc. v. NesmithDistrict of Columbia Court of Appeals · 1946
- Western U. T. Co. v. BrazierAlabama Court of Appeals · 1914
- Illinois Central R. R. v. Kilgore & SonAlabama Court of Appeals · 1914
- Blaisdell v. American Railway Express Co.North Dakota Supreme Court · 1928
6 more not listed; retrieve them via the Exa API.