Southern Railway v. Caldwell-Spence Co.
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. John H. Disqub. Action by the Caldwell-Spence Company against the Southern Railway Company, for damages for failure to deliver freight. Judgment for plaintiff and defendant appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disqub. Action by the Caldwell-Spence Company against the Southern Railway Company, for damages for failure to deliver freight. Judgment for plaintiff and defendant appeals. The court was in error in not permitting the witness to state whether or not he knew that the records were correct at the time that he made them, he having testified on the cross that he had no independent recollection of the transaction evidenced by the record.- — -1 Wig. 826; Acidan v. Hiclc-man, 63 Ala. 494; J. Snoio Echo. Go. v. Loveman & Go., 131 Ala. 221. The…
1Opinion of the CourtWalker, P. J.
The object of this suit was to charge the appellant with liability for the value of 50 boxes of tobacco, received by it as a common carrier to he delivered to the appellee at Gadsden for a' reward, and which the complaint alleged it failed to deliver. One Daniels, a Avitness for the defendant (appellant here), testified that he was the defendant’s ship*585ping clerk at Gadsden in 1907; that “he checked that tobacco out there to whoever had the bill; that in the usual course of business the drayman would first. go to the office and get the bill and bring it to me, and that was done in this case.…
2Cases cited5 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Bolling v. FanninSupreme Court of Alabama · 1892
- Hart v. KendallSupreme Court of Alabama · 1886
- Battles v. TallmanSupreme Court of Alabama · 1892
- J. Snow Hardware Co. v. Loveman & Co.Supreme Court of Alabama · 1901
3Cited by1 opinion
- Herring v. StateAlabama Court of Appeals · 1914