American Ry. Express Co. v. Barnes
Alabama Court of Appeals
Appeal from Circuit Court, Calhoun County; A. P. Agee, Judge. Action by P. I. Barnes, against the American Railway Express Company. Judgment for the plaintiff, and the defendant appeals.
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Appeal from Circuit Court, Calhoun County; A. P. Agee, Judge. Action by P. I. Barnes, against the American Railway Express Company. Judgment for the plaintiff, and the defendant appeals. The following are the assignments of error: ' (3) The court erred in overruling appellant’s objection to the question propounded to P. I. Barnes, namely: “I will ask you whether or not from your familiarity and experience in the shipment of the carcasses of hogs, that certain weather conditions as are claimed at that time, or under weather conditions no warmer than at that time the hogs were shipped from…
1Opinion of the Court
SAMEORD, X
[1] In this ease there was a demand, under section 5360 of the Code of 1907, for a special finding of facts. Where this is the case, in reviewing the judgment, the appellate court will be confined to determining whether or not, upon the facts found and set forth in the special finding, the trial court rendered the proper judgment; the finding of facts being designed to take the place of the verdict of a jury. Am. Cast. I. Pipe Co. v. Birmingham Tailoring Co., 16 Ala. App. 585, 80 South. 157.
While the special finding of facts in this case is perhaps fuller than necessary, the facts…
2Cases cited1 opinion
- American Cast-Iron Pipe Co. v. Birmingham Tailoring Co.Alabama Court of Appeals · 1918
3Cited by3 opinions
- In Re CarrollSupreme Court of Alabama · 1971
- Russell v. City of BessemerAlabama Court of Appeals · 1924
- Dolcito Quarry Co. v. Cruse-Crawford Mfg. Co.Alabama Court of Appeals · 1924