Southern Railway Co. v. Swift & Co.

(dissenting) : This is an action in claim and delivery for the possession of personal property, consisting of a ginning outfit, valued at $1,672.00. •

The case was tried before his Honor, Judge Bonham, and a jury at November term, 1928, of the Court of Common Pleas of Calhoun County.

At the close of the testimony for the plaintiff, the defendant Swift & Co. moved for a nonsuit upon the ground that the railway company, plaintiff, was not shown to have been subrogated to the rights of the shipper in the property sued for. The motion was granted, and, from the judgment dismissing the complaint…