Cooper & Co. v. Geo. Pac. Railway Co.
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. B. F. Oassady. This action was brought by 0. J. Cooper & Co., against the Georgia Pacific Bailway Company, to recover for failure to deliver one barrel of molasses. All the facts are set out in the opinion. The case being submitted to the court, without the intervention of a jury, he rendered judgment for the defendant. The plaintiffs appeal; and assign this judgment as error.
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Appeal from the City Court of Anniston. Tried before the Hon. B. F. Oassady. This action was brought by 0. J. Cooper & Co., against the Georgia Pacific Bailway Company, to recover for failure to deliver one barrel of molasses. All the facts are set out in the opinion. The case being submitted to the court, without the intervention of a jury, he rendered judgment for the defendant. The plaintiffs appeal; and assign this judgment as error. The burden of proof is on*defendant to show that loss did not occur by reason of the negligence of its employes. — ■ Qa. Pac. Rwy. Co. v. Hughart, 90 Ala.…
1Opinion of the CourtClopton, J.
The cause of action indorsed on the summons issued by the justice of the peace, before whom the suit was originally commenced, is a stated account. In the City Court, to which it was removed by appeal, plaintiffs filed, without objeciion, a complaint., setting forth as the cause of action the failure of defendant to deliver one barrel of molasses, which it received as common carrier, to be delivered to plain*330tiffs at Oxford, Alabama; and on this complaint the cause was tried without the intervention of a jury. The evidence without conflict shows that a car, containing whole and half barrels of…
2Cases cited1 opinion
- Montgomery & Eufaula Railway Co. v. CulverSupreme Court of Alabama · 1884
3Cited by8 opinions
- Central of Ga. Ry. Co. v. Chicago Varnish Co.Supreme Court of Alabama · 1910
- Jones & Co. v. TuckerSupreme Court of Alabama · 1901
- St. Louis Southwestern Railway Co. v. BirdwellSupreme Court of Arkansas · 1904
- Brown v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1910
- Louisville N. R. Co. v. HendricksSupreme Court of Alabama · 1936
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