Legal Opinion

Louisville N. R. Co. v. Hestle

Supreme Court of Alabama

Decided May 17, 1917No. 1 Div. 989PublishedCited by 6 opinions

Appeal from Circuit Court, Monroe County ; B.en D. 'Turner, Judge. Suit by Mrs. Mattie Emma Hestle against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals.

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Appeal from Circuit Court, Monroe County ; B.en D. 'Turner, Judge. Suit by Mrs. Mattie Emma Hestle against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals. Transferred from tho Court of Appeals under Acts 1911, p. 450, § 6. Suit by appellee against the appellant to recover damages for the failure to deliver one trunk and contents, the property of plaintiff, received by the defendant as a common carrier at Beatrice, Ala., on February 28, 1916, to be delivered to the plaintiff at Monroe, Ala. The cause was tried upon counts 3 and 4, which said…

1Opinion of the CourtGardner, J.

[1] Plea 6 sought to limit the amount of recovery to the sum of $100 by virtue of the notice printed on the back of the check delivered by defendant to the plaintiff, but shows no special contract entered into in consideration of reduced charges or special concessions, nor does it negative -the un-‘ reasonableness thereof. What was said by this court in A. G. S. R. R. Co. v. Knox, 184 Ala. 485, 63 South. 538, 49 L. R. A. (N. S.) 411, concerning pleas of a similar character to plea 6 here interposed, fully supports the ruling of the trial court in sustaining the demurrers thereto. See, also,…

2Cases cited13 opinions

  1. Austin v. BeanSupreme Court of Alabama · 1894
  2. Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
  3. Continental Jewelry Co. v. Pugh Bros.Supreme Court of Alabama · 1910
  4. Collins v. Alabama Great Southern RailroadSupreme Court of Alabama · 1893
  5. Ouimit v. HenshawSupreme Court of Vermont · 1863

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3Cited by6 opinions

  1. McAnelly Hardware Co. v. Bemis Bros. Bag Co.Supreme Court of Alabama · 1922
  2. Burton v. SteversonSupreme Court of Alabama · 1921
  3. Ex Parte Alabama Great Southern R. Co.Supreme Court of Alabama · 1921
  4. Hestle v. Louisville N. R. Co.Alabama Court of Appeals · 1919
  5. Saffa v. Ill. Cent. R.R. Co.Missouri Court of Appeals · 1926

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