Montgomery & Eufaula Railway Co. v. Culver
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. John P. Hubbard. This was an action by E. Y. Culver against the Montgomery •and Eufaula Railway Company, a domestic corporation, operating a railroad in this State,for the recovery of damages “for the failure to deliver certain goods, viz., one trunk, containing ■one heavy set gold bracelets, twenty-four pieces of sterling silver teaspoons, twelve pieces [silver] table spoons,' twelve pieces of dessert spoons, one full…
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Appeal from Montgomery Circuit Court. Tried before Hon. John P. Hubbard. This was an action by E. Y. Culver against the Montgomery •and Eufaula Railway Company, a domestic corporation, operating a railroad in this State,for the recovery of damages “for the failure to deliver certain goods, viz., one trunk, containing ■one heavy set gold bracelets, twenty-four pieces of sterling silver teaspoons, twelve pieces [silver] table spoons,' twelve pieces of dessert spoons, one full set of Rogers table cutlery, consisting of abput fifty pieces, and clothing and personal wearing apparel, and also one…
1Opinion of the CourtClopton, J.
We see no error in overruling the demurrer to the complaint for want of certainty in the description of the property, which it is alleged the defendant failed to deliver. It is described as “ one trunk ” containing certain articles, and, among others, “ clothing and personal wearing apparel.” The rule as to certainty in pleadings, as observed by Mr. Stephen, “ is not so strictly construed, but that it sometimes admits the specification of quality and quantity in a loose and general way.” Accordingly, at common law, a declaration in trover for “ a library of books ” has been deemed good…
2Cases cited13 opinions
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
- Insurance Co. v. Railroad Co.Supreme Court of the United States · 1881
- Lindley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Moore v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
- Central of Ga. Ry. Co. v. Chicago Varnish Co.Supreme Court of Alabama · 1910
- Chicago, R. I. & P. Ry. Co. v. HarringtonSupreme Court of Oklahoma · 1914
- Savannah, Florida & Western Railway Co. v. HarrisSupreme Court of Florida · 1890
- Dexter v. OhlanderSupreme Court of Alabama · 1889
15 more not listed; retrieve them via the Exa API.