Legal Opinion

Louisville & Nashville Railroad v. Landers

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 40 opinions

Appeal from tlie Circuit Court of Calhoun. Tried before the Hon. 1). C. Blackwell, Special Judge This was an action brought by the appellee, J. C. Lan-ders, against the Louisville & Nashville Railroad Company as a common carrier, to recover damages for the failure to deliver cattle which had been shipped over the defendant’s road and for injury to cattle while in transportation on the defendant’s road.

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Appeal from tlie Circuit Court of Calhoun. Tried before the Hon. 1). C. Blackwell, Special Judge This was an action brought by the appellee, J. C. Lan-ders, against the Louisville & Nashville Railroad Company as a common carrier, to recover damages for the failure to deliver cattle which had been shipped over the defendant’s road and for injury to cattle while in transportation on the defendant’s road. The complaint contained six counts; each of the counts being in the statutory form, for suit- against a common carrier on a bill of lading. The defendant pleaded the general issue and by…

1Opinion of the CourtDowdell, J.

The complaint in this case is in the prescribed form of the Code, No. 15, page 946, for suit against a common carrier on a bill of lading. There are six counts, and in the four last, the plaintiff claims as assignee. A demurrer was interposed to the complaint, Avhich was overruled, but the assignment relating to this ruling, is expressly waived by the appellant. The first contention of counsel in argument for appellant, is, that the subject-matter of the suit is a chose in action, of which there can be no valid assignment; the insistence being that section 877 of the Code, authorizing the…

2Cases cited3 opinions

  1. Nashville, Chattanooga & St. Louis Railway Co. v. Parker & Co.Supreme Court of Alabama · 1898
  2. Western Railway Co. v. HarwellSupreme Court of Alabama · 1890
  3. Western Railway v. HarwellSupreme Court of Alabama · 1892

3Cited by40 opinions

  1. Lakey v. StateSupreme Court of Alabama · 1921
  2. Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
  3. Brandon v. Progress Distilling Co.Supreme Court of Alabama · 1910
  4. Alabama Power Co. v. TalmadgeSupreme Court of Alabama · 1921
  5. Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912

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