Barclay v. Southern Railway Co.
Alabama Court of Appeals
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Harals'on. Action by D. E. Barclay against the Southern Railway Company for damages for injury to goods. Judgment for defendant and plaintiff appeals. Under the complaint as amended and the evidence, the court was in error in giving the affirmative charge for the defendant, and in refusing a like charge for the plaintiff. — Barclay v. So. By., 1 Ala.
Read the full summary
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Harals'on. Action by D. E. Barclay against the Southern Railway Company for damages for injury to goods. Judgment for defendant and plaintiff appeals. Under the complaint as amended and the evidence, the court was in error in giving the affirmative charge for the defendant, and in refusing a like charge for the plaintiff. — Barclay v. So. By., 1 Ala. App. 348; 1 Words & Phrases, 611; Wood’s case, 66 Ala. 167; Tallassee Falls Mfg. Co. v. Wes. By., 128 Ala. 167; Frederick v. L. & N., 133 Ala. 486. Although the count was amended the…
1Opinion of the CourtPelham, J.
The principal difference between this case as now presented and when it was here on former appeal (So. Ry. Co. v. Barclay, 1 Ala. App. 348, 56 South. 26) lies in the fact that the plaintiff (appellant) on the second trial in the court below added a count to the complaint setting up that, under the terms of the contract of shipment, the car in which the goods were shipped was to be used as a warehouse or depot for the safe-keeping of the goods until plaintiff had a reasonable time to remove same, and that, before plaintiff had a reasonable time to remove the goods from the car, they were…
2Cases cited1 opinion
- Southern Railway Co. v. BarclayAlabama Court of Appeals · 1911
3Cited by1 opinion
- Veitch v. Illinois Cent. R. R.Alabama Court of Appeals · 1915