Johnson v. Lightsey
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before tbe lion. Bobert Dougherty.. This action was brought by Josiah Lightsey, against William Johnson, to recover the freight agreed to be paid by the defendant fo? the transportation of several hundred hales of cotton from Selma to Mobile, at the rate ot one dollar and a quarter per balo.
Read the full summary
Appeal from the Circuit Court of Dallas. Tried before tbe lion. Bobert Dougherty.. This action was brought by Josiah Lightsey, against William Johnson, to recover the freight agreed to be paid by the defendant fo? the transportation of several hundred hales of cotton from Selma to Mobile, at the rate ot one dollar and a quarter per balo. The defense set up was, that the cotton was injured in the transportation by the plaintiff’s negligence, and that the defendant was entitled to recoup the damages thereby occasioned. The bill of exceptions in the case is very imperfect, being neither signed…
1Opinion of the CourtA. J. Walker, C. J.
We cannot affirm that the court erred in the admission of evidence, unless the vice of its ruling is apparent from the bill of exceptions. The entire evidence in this case does not seem to be set forth in the bill of exceptions. It is conceivable- that, in a case where the negligence of a carrier by water is> the point of controversy, the fact of his communicating with a point above on the river, as to the stage of the water, might be material and relevant. For example, if a boat were aground, it might be a matter of proper caution for the carrier to ascertain, by telegraphic communication,…
2Cases cited3 opinions
- Barnes v. ColeNew York Supreme Court · 1839
- Rives v. Montgomery South Plank-Road Co.Supreme Court of Alabama · 1857
- Noble & Palmer v. PaddockNew York Supreme Court · 1838
3Cited by4 opinions
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Walker v. StephensSupreme Court of Alabama · 1930
- Spiva v. StapletonSupreme Court of Alabama · 1861
- Ahlfeldt v. City of MexicoMissouri Court of Appeals · 1908