Munson S. S. Line v. Horace Turner & Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Horace Turner, doing business as Horace Turner & Co., against the Munson. Steamship Company, for loss of certain lumber. Judgment for plaintiff, and defendant appeals. Count 10 alleges a delivery by the plaintiff to the defendant of certain lumber to be shipped from the port of Mobile to a firm in Cuba to be carried for hire from Mobile to Cuba and there delivered.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Horace Turner, doing business as Horace Turner & Co., against the Munson. Steamship Company, for loss of certain lumber. Judgment for plaintiff, and defendant appeals. Count 10 alleges a delivery by the plaintiff to the defendant of certain lumber to be shipped from the port of Mobile to a firm in Cuba to be carried for hire from Mobile to Cuba and there delivered. It also alleges an agreement by the defendant with the plaintiff for the benefit of the plaintiff that, if plaintiff would deliver the lumber the defendant…
1Opinion of the CourtSayre, J.
Reports of this case on former appeals (16 Ala. App. 223, 77 South. 61, 81 South. 76) will disclose the general nature of the questions involved. On the present appeal the steamship company contends mainly that the proof in the trial court on the last trial failed to support several of the material allegations of count 10 of the complaint upon which the cause was tried. Pretermitting other differences between the parties, we think the contention should be sustained as follows:
In order to bring his case within the rule of Hadley v. Baxendale, 9 Exch. 341, as that rule is observed in this state…
2Cases cited3 opinions
- Bixby-Theirson Lumber Co. v. EvansSupreme Court of Alabama · 1910
- Munson S. S. Line v. Horace Turner & Co.Supreme Court of Alabama · 1919
- Horace Turner & Co. v. Munson S. S. LineAlabama Court of Appeals · 1917
3Cited by1 opinion
- Mobile Light R. Co. v. EllisSupreme Court of Alabama · 1923