American Ry. Express Co. v. Stanley

The complaint contained two counts: (1) Against defendant express company as a common carrier; (2) against defendant as a warehouseman; both counting on a failure to deliver a shipment of chickens and eggs consigned to plaintiff at Birmingham from Clanton.

The trial court properly sustained plaintiff’s objection to the question put to'’ the plaintiff as a witness on cross-examination, “What is your actual damage in this case?” The proper question would have asked for the value of the things in dispute at Birmingham. Montgomery Co. v. Varner, 19 Ala. 385; St. Louis & San F. R. R. Co. v. Cash…