Louisville N. R. Co. v. Farmers' Produce Co.
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; Charles W. Ferguson, Judge. Action by the Farmers’ Produce Company against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; Charles W. Ferguson, Judge. Action by the Farmers’ Produce Company against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. The complaint is as follows: Count 1. The plaintiff claims of the defendant $372.52, damages for the injury of certain goods, the plaintiff’s property, viz. 94 sacks of Irish potatoes, received by defendant as a common carrier, to be delivered by defendant to Bell Rogers Produce Company at Birmingham, Ala., for a reward; and plaintiff says that said injury was received by said Irish…
1Opinion of the CourtSamford, J.
[1] Count 1 of the complaint conforms substantially to the form of complaint prescribed by the Code for an action against a common carrier for injury to goods intrusted to it for transportation (Code 1907, § 5382, form 15); and by mandate of the statute must be deemed sufficient. Louisville & N. R. Co. v. Allgood, 113 Ala. 163, 20 South. 986. It was not incumbent on plaintiff by allegation to negative the fact of a latent defect in the goods shipped. If the injury to the potatoes was the result of some inherent quality in jthem, causing the injury, through no fault -on the part of the…
2Cases cited5 opinions
- Sloss Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Ballentine v. North Missouri RailroadSupreme Court of Missouri · 1867
- Louisville & Nashville Railroad v. AllgoodSupreme Court of Alabama · 1896
- Greek-American Produce Co. v. Illinois Central R. R.Alabama Court of Appeals · 1912
- Atlantic Coast Line R. Co. v. Dothan Ins. AgencyAlabama Court of Appeals · 1918
3Cited by2 opinions
- Most Worshipful Grand Lodge of Ancient Free & Accepted Masons of Alabama v. CallierSupreme Court of Alabama · 1932
- Bradley & McWhirter, Inc. v. ConklanSupreme Court of Alabama · 1965