Southern Steam Carpet Cleaning Co. v. Goldman
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; John H. Miller, Judge. Action by Mrs. Godfrey Goldman against tlie 'Southern Steam Carpet Cleaning Company and others for the loss of an oriental rug. Judgment for plaintiff, and defendants appeal.
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Appeal from Circuit Court, Jefferson County ; John H. Miller, Judge. Action by Mrs. Godfrey Goldman against tlie 'Southern Steam Carpet Cleaning Company and others for the loss of an oriental rug. Judgment for plaintiff, and defendants appeal. Count A-A is as follows: Plaintiff claims of the defendant the sum of $300 as damages, for that heretofore, on, to. wit, the-day of July, 1917, the more particular time being to the plaintiff unknown, the defendant bailee for her received from plaintiff a certain oriental rug, to be redelivered to plaintiff within a reasonable time, to wit, one week,…
1Opinion of the CourtBrown, P. J.
[1] The demurrers to count A of the complaint are not embodied in the record, and cannot be considered.
[2] The first ground of demurrer to count A-A is a general demurrer, and was properly overruled. Code 1907, § 5340.
[3-5] Grounds 3 and 4 are inapt, and the count was not subject to the objection pointed out by ground 5. The question argued — that the averments of the complaint show that the bailment was gratuitous, and that it is essential to liability that the complaint show gross negligence on the part of the bailee i'n respect of the subject of the bailment and damages resulting therefrom…
2Cases cited4 opinions
- Prince v. Alabama State FairSupreme Court of Alabama · 1894
- Southern Garage Co. v. BrownSupreme Court of Alabama · 1914
- Halsey v. MurraySupreme Court of Alabama · 1895
- Kelsoe v. StateAlabama Court of Appeals · 1917
3Cited by1 opinion
- Alverson v. FloydSupreme Court of Alabama · 1929