Louisville & Nashville R. R. v. Scheinert
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. John H. Miller, Special Judge. Trover by H. E. Scheinert and wife against the Louisville & Nashville Railroad Gompany for the conversion of a trunk and contents. From a judgment for plaintiffs, defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. John H. Miller, Special Judge. Trover by H. E. Scheinert and wife against the Louisville & Nashville Railroad Gompany for the conversion of a trunk and contents. From a judgment for plaintiffs, defendant appeals. The fifth count Avas as follOAVs: “Plaintiff claims of defendant the sum of $126.50 damages for the conversion by the defendant of plaintiff’s trunk and contents on the 30th day of December, 1906; the property of the plaintiff; the contents of said trunk consisting of the following articles: [Here follows a description of the…
1DissentMcCLELDAN, J.
I cannot concur in the reversal of this judgment: My Brothers hold that the affirmative charge for the defendant should have been given on the fifth count, which was for the conversion of the trunk. One of the plaintiffs testified that he demandied the trunk of the defendant’s agent at Boyles, the place to which the trunk was checked, and that: “The agent did not give it to me. He failed to give me the trunk. * * * I presented the baggage check to the agent and demanded the trunk, and he refused to give it to you. He told me that he did not know whether they put that trunk off or not. They…
2Cases cited5 opinions
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- Conner & Johnson v. Allen & ReynoldsSupreme Court of Alabama · 1859
- Butler v. JonesSupreme Court of Alabama · 1886
- Downs v. BaileySupreme Court of Alabama · 1902
- Parker v. GoldsmithSupreme Court of Alabama · 1849