Central of Ga. Ry. Co. v. Courson
Alabama Court of Appeals
Appeal from Russell Circuit Court. Heard before Hon. M. Sollie. Action by T. M. Courson against the Central of Georgia Railway Company for damages for loss of baggage. Judgment for plaintiff and defendant appeals. The court erred in refusing charge 1. — C. of G-. v. Foster, 175 Ala. 313; 10 Cush. 506 ; 33 A. & E. R. R. cases, 247; 34 Am. Rep. 379; 60 L. R. A. 386; Dec.
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Appeal from Russell Circuit Court. Heard before Hon. M. Sollie. Action by T. M. Courson against the Central of Georgia Railway Company for damages for loss of baggage. Judgment for plaintiff and defendant appeals. The court erred in refusing charge 1. — C. of G-. v. Foster, 175 Ala. 313; 10 Cush. 506 ; 33 A. & E. R. R. cases, 247; 34 Am. Rep. 379; 60 L. R. A. 386; Dec. Dig. sec. 39(1392. On these authorities the court below erred in refusing to give charges 3, 4, 5 and 8. NO' brief reached the Reporter.
1Opinion of the CourtWalker, P. J.
Under the ruling made in this case by the Supreme Court, the presumption may not be indulged that the charges requested by the defendant were refused because they were not requested at the proper time. — Central of Georgia Ry. Co. v. Courson, 65 South. 179. It follows that the appellant’s application for a rehearing must be granted, and the judgment heretofore rendered by this court on the pending appeal is vacated.
Each of the counts of the complaint seeks to enforce the contract liability incurred by the defendant as a common carrier by its sale of a ticket to the plaintiff as a passenger…
2Cases cited4 opinions
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Blumantle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1879
- Central of Georgia Ry. Co. v. CoursonSupreme Court of Alabama · 1914
- Yazoo & Mississippi Valley Railroad v. Georgia Home InsuranceMississippi Supreme Court · 1904
3Cited by2 opinions
- Louisville & Nashville R. R. v. FletcherSupreme Court of Alabama · 1915
- Murphy v. StateAlabama Court of Appeals · 1916