Central of Georgia Ry. Co. v. Camp Hill Trading Co.
Supreme Court of Alabama
Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Action by the Camp Hill Trading Company against the St. Louis-San Francisco Railway Company, the Central of Georgia Railway Company, and James C. Davis, as Director General, etc., for damages. From a judgment for plaintiff against the Central of Georgia Railway Company and the Director General, said defendants appeal.
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Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Action by the Camp Hill Trading Company against the St. Louis-San Francisco Railway Company, the Central of Georgia Railway Company, and James C. Davis, as Director General, etc., for damages. From a judgment for plaintiff against the Central of Georgia Railway Company and the Director General, said defendants appeal. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The burden is on the plaintiff to show that the animal, when delivered to the receiving carrier, was in good condition. 145 Ala. 686. Railroad…
1Opinion of the CourtMcCLELLAN, J.
[1] The appellee, a partnership, sued the St. Louis-San Francisco Railroad Company, Central of Georgia Railway Company, and John Barton Payne, as Director General of Railroads. The suit was commenced on February 23, 1921, after government control and operation of railroads had terminated. Three counts, in code form, were employed to state a cause of action ex contractu (N. C. & St. L. v. Parker, 123 Ala. 683, 27 South. 323; Code form 15, Civil Code, p. 1197), for the delivery -of a mule in an injured condition, the animal dying some days after delivery at destination. Subsequently Payne, as…
2Cases cited6 opinions
- Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
- Nashville, Chattanooga & St. Louis Railway Co. v. Parker & Co.Supreme Court of Alabama · 1898
- Alabama Fuel & Iron Co. v. DensonSupreme Court of Alabama · 1922
- Garrison v. Hawkins-Lumber Co.Supreme Court of Alabama · 1895
- Charlton v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1921
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sloss-Sheffield Steel & Iron Co. v. WilkesSupreme Court of Alabama · 1936
- Sealy v. McElroySupreme Court of Alabama · 1972
- Haines v. CunhaSupreme Court of Alabama · 1927
- Davis v. DawkinsSupreme Court of Alabama · 1922
- Patterson v. CampSupreme Court of Alabama · 1923
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