Tallassee Falls Manufacturing Co. v. Western Railway
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This action was brought against the appellee, the Western Railway of Alabama, by the appellant, the Tallassee Palls Manufacturing Company, which sued for the use of certain insurance companies, which are alleged to have been subrogated to all of its rights.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This action was brought against the appellee, the Western Railway of Alabama, by the appellant, the Tallassee Palls Manufacturing Company, which sued for the use of certain insurance companies, which are alleged to have been subrogated to all of its rights. The complaint contained two counts, the first, in the statutory form, “On a bill of lading of a common carrier,” (p. 79-3 of the Code of 1886), and the second claimed $10,000 as damages for the breach of a contract between plaintiff and defendant, wherein, in…
1Opinion of the CourtHaralson, J.
1. The first count in the complaint follows form 15, p. 793, of the Code of 1886, for a suit “On a bill of lading of a common carrier.” Hutchinson in his work on Carriers, section 744, referring to the character of this action, states, that in former times it was a very perplexing question how the form of the action, — whether in case or assumpsit, — should be.distinguished, and adds, that it seems “to be .finally settled, that while the allegation of a promise in the declaration will not be sufficient to' impress upon it the distinctive feature of a declaration upon the contract, because the…
2Cases cited3 opinions
- McCarthy v. Louisville & Nashville RailroadSupreme Court of Alabama · 1893
- McDaniel v. JohnstonSupreme Court of Alabama · 1895
- Holland v. Southern Express Co.Supreme Court of Alabama · 1896
3Cited by10 opinions
- Ex parte Louisville & Nashville R. R.Supreme Court of Alabama · 1912
- Nashville, Chattanooga & St. Louis Railway Co. v. Parker & Co.Supreme Court of Alabama · 1898
- Western Ry. v. HartSupreme Court of Alabama · 1909
- Southern Ry. Co. v. Northwestern Fruit Exch.Supreme Court of Alabama · 1923
- Central of Georgia Railway Co. v. Sigma Lumber Co.Supreme Court of Alabama · 1910
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