Southern Railway Co. v. Coleman
Supreme Court of Alabama
' Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Action by B. W. Coleman against the Southern Bail-way Company. From a judgment for plaintiff, defendant appeals. ■ Exceptions were reserved to the following oral charge of the court: ■ “The second count not only charges that it did not gét it there in a reasonable time, but that it was willfully and intentionally delayed.
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' Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Action by B. W. Coleman against the Southern Bail-way Company. From a judgment for plaintiff, defendant appeals. ■ Exceptions were reserved to the following oral charge of the court: ■ “The second count not only charges that it did not gét it there in a reasonable time, but that it was willfully and intentionally delayed. Was it intentionally or purposely delayed? That would amount to gross or wanton negligence. That is a question for you to look after. If it did not deliver it there in a reasonable time, and did not exercise…
1Opinion of the CourtDenson, J.
— This suit Avas brought to recover damages alle°ed to have accrued to the plaintiff on account of a failure on the part of the defendant, a common carrier of goods, to promptly deliver a press pin to the Union Tron Works, in Selma, Ala. The case, briefly stated, w Ofls mhe plaintiff owned and operated a public ginnery at SaAvyerville, a station on the Southern Baihvay di' tant 56 miles from Selma. On the 13th of October, WOt, ]ds press pin, a part of the machinery of his ginnery being in such condition that it could not he used, plaintiff delivered it to the defendant’s agent at SaAvyerviPe.…
2Cases cited8 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Reed Lumber Co. v. LewisSupreme Court of Alabama · 1891
- Watson v. Kirby & SonsSupreme Court of Alabama · 1895
- Freeman v. CluteNew York Supreme Court · 1848
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3Cited by35 opinions
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- Bixby-Theirson Lumber Co. v. EvansSupreme Court of Alabama · 1910
- Sherrill v. Alabama Appliance Co.Supreme Court of Alabama · 1940
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Perfection Mattress & Spring Co. v. DupreeSupreme Court of Alabama · 1927
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