St. Louis & San Francisco R. R. v. Cash Grain Co.
Supreme Court of Alabama
Appeal from Walker Law and Equity. Heard, before Hon. T. L. Sowell. Action by tke Cask Grain Oo., against the St. L. & S. F. B. B. Ob. for damages for failure to deliver goods. Judgment for plaintiff and defendant appeals.
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Appeal from Walker Law and Equity. Heard, before Hon. T. L. Sowell. Action by tke Cask Grain Oo., against the St. L. & S. F. B. B. Ob. for damages for failure to deliver goods. Judgment for plaintiff and defendant appeals. Charges 2 and 4 should have been given. — 3 Eney P. & P. 851-2. Charge 3 should have been given. — L. & N. v. Gilmer, 89 Ala. 534; 4 A. & E. Eney of Law, 523. Charges 6, 7 and 8 should have been given. — Cyc. 530; L. & N. v. Gilmer, supra; Echols v. L. & N., 90 Ala. 366.- The court erred in allowing plaintiff to give his estimate or opinion as to the damages sustained. —…
1Opinion of the CourtMayfield, J.
The appellee sued the appellant, a common carrier, to recover damages as for conveying and delivery of certain goods described in the complaint. One count claimed damages for failure to deliver, one for failure to deliver in good condition, and one for failure to deliver within a reasonable time.
Plea 2 was palpably bad, and was clearly no answer to the third count of the complaint, to which it was ad*334dressed. It did not allege or show that the two ears referred to in the plea contained the goods in question, or that the plaintiff was bound by or responsible for the matters set up in the plea.…
2Cases cited5 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Pollard v. CockeSupreme Court of Alabama · 1851
- Alabama & Florida R. R. v. BurkettSupreme Court of Alabama · 1868
- Montgomery & West Point Railroad v. VarnerSupreme Court of Alabama · 1851
- Collier v. CogginsSupreme Court of Alabama · 1893
3Cited by8 opinions
- City of Huntsville v. PulleySupreme Court of Alabama · 1914
- Rountree Farm Co. v. Morgan CountySupreme Court of Alabama · 1947
- Alabama Power Co. v. SmithSupreme Court of Alabama · 1934
- London & Scottish Assur. Co. of London v. SmithSupreme Court of Alabama · 1935
- American Ry. Express Co. v. StanleySupreme Court of Alabama · 1922
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