Bynum v. Memphis & Charleston R. R.
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. Action by O. H. Bynum, as trustee of Sarab M. Bynum, against the Memphis & Charleston Bailroad Company, for the negligent burning of cotton. Mrs. Sarah M. Bynum brought suit to recover the value of certain bales of cotton, alleged to have been destroyed by fire in March, 1888, while in the possession of the Memphis & Charleston Bailroad Company as a common carrier.
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. Action by O. H. Bynum, as trustee of Sarab M. Bynum, against the Memphis & Charleston Bailroad Company, for the negligent burning of cotton. Mrs. Sarah M. Bynum brought suit to recover the value of certain bales of cotton, alleged to have been destroyed by fire in March, 1888, while in the possession of the Memphis & Charleston Bailroad Company as a common carrier. The cotton was a part of the rents, incomes and profits of certain lands which had been conveyed to Mrs. Bynum by her husband, O. H. Bynum, by…
1Opinion of the CourtStone, C. J.
The cause of action declared on in this suit is the same as that which was the foundation of the suit brought by Mrs. Sarah M. Bynum against the Memphis & Charleston Railroad Company, reported in 92 Ala. 335. It was decided by this court in that case that “the cotton belonged tó the husband, and the wife can not maintain this action.” On the reversal of the case, another suit was brought within a year from the date of the remandment, in the name of O. H. Bynum, as trustee for Mrs. Sarah M. Bynum.
The question presented on this appeal is, whether a suit thus brought within one year by the…
2Cases cited1 opinion
- Memphis Charleston Railroad v. BynumSupreme Court of Alabama · 1890
3Cited by2 opinions
- Midland Oil Co. v. MooreCourt of Appeals for the Eighth Circuit · 1924
- Sullivan v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900