McCarthy v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action on the case, brought by the appellants against the appellee, to recover damages for loss of, and injury to, a lot of terra cotta tiling shipped from Ottawa, Illinois, over the Chicago, Burlington & Quincy Railroad, and by that railroad delivered to the defendant, and by the defendant carried to Birmingham, Ala., and delivered in bad condition. • To the complaint, the…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action on the case, brought by the appellants against the appellee, to recover damages for loss of, and injury to, a lot of terra cotta tiling shipped from Ottawa, Illinois, over the Chicago, Burlington & Quincy Railroad, and by that railroad delivered to the defendant, and by the defendant carried to Birmingham, Ala., and delivered in bad condition. • To the complaint, the defendant pleaded the general issue, and the following special pleas: (6.) “The-defendant for further answer to the complaint…
1Opinion of the Court
McCLELLAN. J.
Appellants are plaintiffs and appellee is the defendant in this action. The complaint contains four counts. It is conceded by counsel on either hand that the third count presents the case relied on by-plaintiffs, and. that upon that count alone the trial was had. The case made thereby is the following : In October, 1890, the Pioneer Fire Proof Construction Company delivered to the Chicago, Burlington & Quincy Railroad Company, at Ottowa, Illinois, four car loads of terra cotta for carriage, and consigned to plaintiffs at Birmingham, Alabama. The defendant was also a common…
2Cases cited3 opinions
- Steele v. TownsendSupreme Court of Alabama · 1861
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Louisville & Nashville R. R. v. TouartSupreme Court of Alabama · 1892
3Cited by37 opinions
- Gulf, West Texas & Pacific Railway Co. v. WittnebertTexas Supreme Court · 1908
- Tennessee Coal, Iron & Railroad Co. v. SizemoreSupreme Court of Alabama · 1952
- Northwestern Marble & Tile Co. v. WilliamsSupreme Court of Minnesota · 1915
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Atlantic Coast Line R. R. v. RiceSupreme Court of Alabama · 1910
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