Legal Opinion

Cincinnati, N. O. & T. P. Ry. Co. v. Vredenburgh Saw Mill Co.

Alabama Court of Appeals

Decided June 30, 1915PublishedCited by 7 opinions

Assumpsit. Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. . Assumpsit by tbe Cincinnati, New Orleans & Texas Pacific Railway Company against tbe Yredenburgb Sawmill Company. From a judgment for defendant, plaintiff appeals.

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Assumpsit. Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. . Assumpsit by tbe Cincinnati, New Orleans & Texas Pacific Railway Company against tbe Yredenburgb Sawmill Company. From a judgment for defendant, plaintiff appeals. It appears that tbe defendant shipped a car load of lumber to L. W. Radina & Co., at Cincinnati, in the state of Ohio, via the Southern Railway Company to Birmingham and the Alabama Great Southern Railway Company from Birmingham to Chattanooga, and thence by the plaintiff line from Chattanooga to Cincinnati, where it was offered to the…

1Opinion of the Court

PELHAM, P. J.(1) The first assignment of error relates to the action of the trial court in overruling the motion of the plaintiff (appellant) to exclude the answer of the witness J.'M. Arnold, whose deposition was introduced in evidence, to a question propounded to him on cross-examination by the defendant, which an*444swer is as follows: “The placing of the car on the private siding of L. W. Radina & Co. constituted a delivery by the Cincinnati, New Orleans & Texas Pacific Railway Company.”(2) No objection Avas made to the question eliciting this answer, and, as the answer was responsive to the…

2Cases cited7 opinions

  1. Wood v. Brewer & BrewerSupreme Court of Alabama · 1882
  2. Bell v. TeagueSupreme Court of Alabama · 1887
  3. Hicks v. BurgessSupreme Court of Alabama · 1914
  4. Southern Railway Co. v. ProctorAlabama Court of Appeals · 1911
  5. Kirk v. StateAlabama Court of Appeals · 1914

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
  2. Chicago & Northwestern Railway Co. v. QueenanNebraska Supreme Court · 1918
  3. Moss Lumber Co. v. Michigan Cent. R. Co.Supreme Court of Alabama · 1929
  4. Montpelier & Wells River Railroad v. BianchiSupreme Court of Vermont · 1921
  5. Southern Pacific Co. v. Oregon Growers Co-Operative Ass'nOregon Supreme Court · 1928

2 more not listed; retrieve them via the Exa API.

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