Atlantic Coast Line R. R. v. Ward
Alabama Court of Appeals
Appeal from Henry Circuit Court. Heard before Hon. Mike Sollie. Action by J. A. Ward against the Atlantic Coast Line Railroad Company for damages for failure to deliver goods. Judgment for plaintiff and defendant appeals. The grounds of demurrer were not sufficient to invoke the provision of the Act of Congress held valid in the case of A. C. L. R. R. Go. v. Riverside Mills, 219 U. S. 186, and hence, the court erred in sustaining them.
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Appeal from Henry Circuit Court. Heard before Hon. Mike Sollie. Action by J. A. Ward against the Atlantic Coast Line Railroad Company for damages for failure to deliver goods. Judgment for plaintiff and defendant appeals. The grounds of demurrer were not sufficient to invoke the provision of the Act of Congress held valid in the case of A. C. L. R. R. Go. v. Riverside Mills, 219 U. S. 186, and hence, the court erred in sustaining them. The stipulations are valid, and the court erred in sustaining demurrers to plea 4 — N. G. & St. L. v. Long, 163 Ala. 165; McGhee v. Western Union, 169 Ala. 109…
1Opinion of the CourtPelham, J.
The complaint seeks damages for the failure of the defendant (appellant) to deliver, Avithin a reasonable time, certain articles of household furniture delivered to it, as a comman carrier, in the due course by the plaintiff at Abbeville, a station on its line of railroad in the State of Alabama, for transportation to Arlington, in the State of Georgia, a station on the line of the Central of Georgia Raihvay Company, a connecting carrier of the defendant.
The defendant filed a plea of the general issue and three special pleas, and demurrers Avere sustained to special pleas numbered 2 and 4.…
2Cases cited8 opinions
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
- Ryall v. AllenSupreme Court of Alabama · 1904
- Staples v. SteedSupreme Court of Alabama · 1910
- Central of Georgia Railway Co. v. SimsSupreme Court of Alabama · 1910
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3Cited by2 opinions
- C. M. McMahen & Sons v. Louisville & N. R.Alabama Court of Appeals · 1925
- Robertson v. Southern Railway Co.Alabama Court of Appeals · 1912