Alabama Great Southern Railroad v. Loveman Compress Co.
Supreme Court of Alabama
Appeal from Sumter Circuit Court. Heard before Hon. Bernard Harwood. Action by the Loveman Compress’ Company against the Alabama Great Southern Railroad Company, for the destruction of a compress and equipment. Judgment for plaintiff, and defendant appeals.
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Appeal from Sumter Circuit Court. Heard before Hon. Bernard Harwood. Action by the Loveman Compress’ Company against the Alabama Great Southern Railroad Company, for the destruction of a compress and equipment. Judgment for plaintiff, and defendant appeals. Count 2 of the complaint is as follows : Plaintiff claims of defendant the sum of $15,000 damages for that on, to-wit, the 28th day of January, 1914, the defendant, its servant or agent, while acting within the line or scope of their employment, negligently set fire to and destroyed the following described property. [Here follows a…
1Opinion
on rehearing.
ANDERSON, C. J.(12) The appellant asks for a reconsideration of the holding in the original opinion that the indemnity contract as set up by the defendant was ultra vires the corporation, and that the same could not be ratified by the plaintiff. We are still of the opinion that the original holding is not only supported by the authorities cited, but also by So. Mutual Association v. Boyd, et al., 145 Ala. 167, 41 South. 164; Cleveland Chair Co. v. Greenville, 146 Ala. 559, 41 South. 862, and cases there cited, as well as section 233 of the Constitution of 1901, and which says:…
2Cases cited4 opinions
- Sales-Davis Co. v. Henderson-Boyd Lumber Co.Supreme Court of Alabama · 1915
- Cleveland School Furniture Co. v. City of GreenvilleSupreme Court of Alabama · 1906
- United States Cast Iron P. & F. Co. v. BaileySupreme Court of Alabama · 1915
- Southern Mutual Aid Ass'n v. BoydSupreme Court of Alabama · 1906