Louisville & Nashville Railroad v. Gidley
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Tried before I-Ion. J. A. Bilbro. The cause of action sued on and the facts of the case' ■are stated in the opinion. The defendant pleaded the general issue and the following special plea: No. 2, “For further answer defendant says that it did receive'the leather, as averred in said complaint, to be transported and delivered as averred therein.
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Appeal from Etowah Circuit Court. Tried before I-Ion. J. A. Bilbro. The cause of action sued on and the facts of the case' ■are stated in the opinion. The defendant pleaded the general issue and the following special plea: No. 2, “For further answer defendant says that it did receive'the leather, as averred in said complaint, to be transported and delivered as averred therein. That on the receipt of said leather it gave the plaintiff a bill of lading showing the receipt of the same, which said bill of lading was taken and accepted by plaintiff, and in which said bill of lading was a clause…
1Opinion of the CourtColeman, J.
The appellee sued the appellant to recover damages for the loss of two lots of leather received by it, as a common carrier, from plaintiff, to be delivered to certain parties in Philadelphia, the contract being evidenced by the bill of lading of the defendant. The leather was delivered at Gadsden, Ala. The defendant railroad company had a short line, of five miles in length, running from Gadsden to Attalla, but extending no farther, and the train on this short line left Gadsden at 4:30 p. m. of each day. The Alabama Great Southern Railroad passed Attalla going northward. The defendant…
2Cases cited3 opinions
- Torrey v. BurneySupreme Court of Alabama · 1896
- Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
- Louisville & Nashville R. R. v. TouartSupreme Court of Alabama · 1892
3Cited by10 opinions
- Green-Wheeler Shoe Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Bibb Broom Corn Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Minnesota · 1905
- Ala.Great Southern R.R. v. Quarles & CouturieSupreme Court of Alabama · 1906
- Alabama Great Southern Railway Co. v. Elliott & SonSupreme Court of Alabama · 1907
- Central of Georgia Railway Co. v. Sigma Lumber Co.Supreme Court of Alabama · 1910
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