Baldwin v. Kansas City, Memphis & Birmingham Railroad
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried'before the Hon. H. A. Sharpe. Appellant, as plaintiff, instituted suit against the appellee on the 30th day of April, 1892. There was but one count in the original complaint which contained substantially the following averments : That the plaintiff claimed of the defendant five thousand dollars as damages because the plaintiff, being the owner of a certain undeveloped sand pit on defandant’s line of railroad, about seventy…
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Appeal from the City Court of Birmingham. Tried'before the Hon. H. A. Sharpe. Appellant, as plaintiff, instituted suit against the appellee on the 30th day of April, 1892. There was but one count in the original complaint which contained substantially the following averments : That the plaintiff claimed of the defendant five thousand dollars as damages because the plaintiff, being the owner of a certain undeveloped sand pit on defandant’s line of railroad, about seventy miles west of Birmingham, desiring to open said pit and ship sand therefrom to the City of Birmingham and points between…
1Opinion of the CourtHead, J.
There can be no doubt whatever that the original action was ex contractu. There is not the semblance of an allegation of a breach by the defendant of a public duty, ás a common carrier. The complaint shows that the side track was put in for the exclusive use and benefit of the plaintiff, in pursuance of an express agreement to that effect; that the freight rate, the increase of which is complained of, was created and maintained by, and in pursuance of, an express agreement of the parties. Other than this agreement, there is no allegation whatever, having the remotest tendency to show what was…
2Cases cited1 opinion
- White v. LevySupreme Court of Alabama · 1890
3Cited by8 opinions
- Stonega Coal & Coke Co. v. Louisville & Nashville RailroadSupreme Court of Virginia · 1906
- Speeder Cycle Co. v. TeeterIndiana Court of Appeals · 1897
- Jones v. AlderSupreme Court of Alabama · 1911
- Joliet Bottling Co. v. Joliet Citizens Brewing Co.Appellate Court of Illinois · 1911
- West v. ProbstCourt of Appeals of Texas · 1923
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