Capehart v. Furman Farm Improvement Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This action was brought by the appellee, The Furman Farm Improvement Company, against S. C. Capehart and Jasper Smith, as common carriers, to recover damages for the failure to deliver a certain lot of fertilizer. The complaint contained five counts.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This action was brought by the appellee, The Furman Farm Improvement Company, against S. C. Capehart and Jasper Smith, as common carriers, to recover damages for the failure to deliver a certain lot of fertilizer. The complaint contained five counts. The first count sought to recover for the failure to deliver “certain goods, viz., 20 tons of Furman soluble bone, received by them as common carriers to be delivered to Scott & Bay, at Guntersville, Alabama.’ ’ In the second count the plaintiff claimed damages for…
1Opinion of the CourtHead, J.
An important question in this case is, whether or not the plaintiff (appellee) has shown such ownership of the goods lost or injured, as entitles it to maintain an action against the carriers for the loss or injury sustained. The goods were purchased bv Scott & Ray, who reside near Guntersville, Ala., from the plaintiff, doing business in Atlanta, Ga., from which point they were to be shipped to Guntersville, consigned to the purchasers. The purchase was evidenced by a written instrument wherein it was stipulated that the goods were to be “delivered f. o. b. at Guntersville, Ala.” The…
2Cases cited4 opinions
- Sheffield Furnace Co. v. Hull Coal & Coke Co.Supreme Court of Alabama · 1893
- Smith v. Tallassee Branch of Central Plank-Road Co.Supreme Court of Alabama · 1857
- Douglas v. BeasleySupreme Court of Alabama · 1866
- Montgomery & West Point Railroad v. EdmondsSupreme Court of Alabama · 1868
3Cited by27 opinions
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
- Walter v. Alabama Great Southern R. R.Supreme Court of Alabama · 1904
- Hurst v. Altamont Manufacturing Co.Supreme Court of Kansas · 1906
- Louisville & Nashville Railroad v. AllgoodSupreme Court of Alabama · 1896
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