Greek American Produce Co. v. L. & N. R. R.
Alabama Court of Appeals
Appeal from the Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by the Greek-American Produce Company against the L. & N. R. R. Co. for damages to freight while in transit or before delivery. Judgment for plaintiff and defendant appeals.
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Appeal from the Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by the Greek-American Produce Company against the L. & N. R. R. Co. for damages to freight while in transit or before delivery. Judgment for plaintiff and defendant appeals. There being no bill of lading in this case the common law governs the liability of the defendant and will be found stated in the following cases: A. G. 8. v. Little, 71 Ala. 611; M. & W. P. Co. v. Moore, 51 Ala. 394; 8. & N. Ala. R. Pi. Go. v. Heinlein, 52 Ala. 606; McCarthy v. R. R. Go., 102 Ala. 193; 8teele v. Townsend, 37 Ala. 247. Where…
1Opinion of the CourtPelham, J.
The trial in this cause was had before the court without a jury. Judgment was rendered for defendant (appellee). No exception was taken by the plaintiff (appellant) to the findings or conclusion of the court, nor to the judgment rendered. The plaintiff made a motion for a new trial and duly excepted to the action of the court in overruling the motion, and assigns the action of the court in refusing to grant the new trial as the single proposition for review.
One of the grounds set out in the motion — i. e., newly discovered evidence — is not insisted upon nor discussed by appellant in his…
2Cases cited2 opinions
- Williams v. Woodward Iron Co.Supreme Court of Alabama · 1894
- Hood v. Pioneer Mining & Manufacturing Co.Supreme Court of Alabama · 1891
3Cited by8 opinions
- McDuffie & Sons v. WeeksAlabama Court of Appeals · 1913
- Hill v. CondonAlabama Court of Appeals · 1915
- Couch v. StateAlabama Court of Appeals · 1944
- Riley v. SrofeAlabama Court of Appeals · 1950
- Shepherd v. ClementsAlabama Court of Appeals · 1931
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