Southern Ry. Co. v. Cooper
Alabama Court of Appeals
Appeal from Clarke Circuit Court. Heard, before Hon. John T. Lackland. Action by J. N. Cooper against the Southern RailAvay, for failure to deliver freight. Judgment for plaintiff and defendant appeals. Reversed and remanded.
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Appeal from Clarke Circuit Court. Heard, before Hon. John T. Lackland. Action by J. N. Cooper against the Southern RailAvay, for failure to deliver freight. Judgment for plaintiff and defendant appeals. Reversed and remanded. The burden was on defendant to prove its plea of set off, and it should have been, permitted to introduce evidence to support it. — Brigham v. Carlisle, 78 Ala. 247; McWilliams v. Phillips, 71 Ala. 82. Plaintiff is entitled to indemnity and nothing more. — Rose v. Bozeman, 41 Ala. 678. The measure of the damage is the value of the logs at Mobile Avith interest from the…
1Opinion of the CourtWalker, P. J.
The complaint as amended contained two counts claiming damages for the alleged failure of the defendant to deliver certain logs received by it as a common carrier to be delivered at Mobile for a reward, and one count claiming damages for its alleged failure to deliver said logs within a reasonable time. Issue was joined on a special plea, which averred that the plaintiff was indebted to the defendant for specified freight and demurrage charges on the logs, and offered to set off said sums against the demand of the plaintiff. The plaintiff introduced evidence tending to prove that at the time…
2Cases cited3 opinions
- Rose's Executors v. BozemanSupreme Court of Alabama · 1868
- Buist v. GuiceSupreme Court of Alabama · 1892
- Capehart v. MillsSupreme Court of Alabama · 1892
3Cited by2 opinions
- Louisville N. R. Co. v. AllegriSupreme Court of Alabama · 1926
- White v. StateAlabama Court of Appeals · 1915