Churchill v. Walling
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County ; O. Kyle, Judge. Action by W. J. Walling against A. E. Churchill for damage to cotton while stored in defendant’s warehouse. Judgment for plaintiff, and defendant appeals. Suit by appellee against appellant, tried upon count 1 and the general issue thereon.
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Appeal from Circuit Court, Morgan County ; O. Kyle, Judge. Action by W. J. Walling against A. E. Churchill for damage to cotton while stored in defendant’s warehouse. Judgment for plaintiff, and defendant appeals. Suit by appellee against appellant, tried upon count 1 and the general issue thereon. Count 1 is as follows: “Plaintiff claims of the defendant the sum of $3,000 as damages for that the defendant is now, and was during the month of November, 1918, and in the interim, engaged in the business of a public warehouseman, and storing, handling, and caring for cotton for a reward, and on,…
1Opinion of the CourtGardner, J.
Plaintiff recovered judgment against the defendant for damages, which he insists were sustained by the failure of the defendant to exercise that required degree of care in the storage of cotton left with the defendant as a warehouseman.
[1] The cause was tried upon count 1, which will appear in the statement of the case. We think it needs no discussion to show that this count was not subject to demurrer interposed thereto. Section 21, Acts 1915, p. 661; Haas v. Taylor, 80 Ala. 459, 2 South. 633.
[2-4] The condition of the cotton at the time of its delivery to the defendant was a very material…
2Cases cited4 opinions
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- Haas v. TaylorSupreme Court of Alabama · 1886
- Alabama Great Southern Railway Co. v. NorrisSupreme Court of Alabama · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. Citizens' BankSupreme Court of Arkansas · 1908
3Cited by6 opinions
- Aircraft Sales & Service, Inc. v. BramlettSupreme Court of Alabama · 1950
- Pollard v. PollardSupreme Court of Alabama · 1922
- Watson v. Hardaway-Covington Cotton Co.Supreme Court of Alabama · 1931
- Warrant Warehouse Co. v. CookSupreme Court of Alabama · 1922
- Miami Poultry Egg Co. v. the City Ice Fuel Co.Supreme Court of Florida · 1936
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