Davis v. Hines
Alabama Court of Appeals
' Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. Action by Susie Davis against Walker D. Hines, as Director General of Railroads operating the Louisville & Nashville for damages for the conversion of certain household goods. Judgment for defendant, and plaintiff appeals.
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' Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. Action by Susie Davis against Walker D. Hines, as Director General of Railroads operating the Louisville & Nashville for damages for the conversion of certain household goods. Judgment for defendant, and plaintiff appeals. Habit, actj or custom cannot control, and it is error to introduce it. 61 Ala. 247; 80 Ala. .51. There was a clear case of conversion. 35 Ala. 220 ; 202 Ala. 640,- 81 South. 582. The plaintiff, therefore, was entitled to a directed verdict. Counsel discuss the assignments of error, but without citation of…
1Opinion of the CourtMerritt, J.
[1] The suit in this case was in trovef, for the conversion by the defendant of certain personal property, which property was delivered by the plaintiff to defendant’s agent at Fleming, Ky., to be shipped by freight to the plaintiff at Bessemer. The carriage and delivery of the freight at Bessemer, Ala;, was unquestioned, but the suit grows out of the fact that the same appears to have been delivered by defendants at Bessemer to some other than the plaintiff. The testimony on the part of the plaintiff was without dispute that she called at defendant’s depot several times for her freight…
2Cases cited1 opinion
- Louisville & Nashville R. R. v. BarkhouseSupreme Court of Alabama · 1892
3Cited by1 opinion
- Bolton v. StateAlabama Court of Appeals · 1921