Steele v. McTyer's Adm'r
Supreme Court of Alabama
Appeal from tbe Circuit Court of Perry. Tried before tbe Hon. JOHN Gill Shoeteb. This action was brought by William McTyer, against John C. Steele, William Hendrix, and William :S. Hanna, as common carriers, to recover damages for tbe loss of fifteen bales of cotton, which were shipped by plaintiff on board of a flat-boat belonging to defendants, consigned to McDowell, Withers & Co. at Mobile.
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Appeal from tbe Circuit Court of Perry. Tried before tbe Hon. JOHN Gill Shoeteb. This action was brought by William McTyer, against John C. Steele, William Hendrix, and William :S. Hanna, as common carriers, to recover damages for tbe loss of fifteen bales of cotton, which were shipped by plaintiff on board of a flat-boat belonging to defendants, consigned to McDowell, Withers & Co. at Mobile. In' consequence of the rulings of the court on the first trial, the plaintiff was compelled to take a nonsuit; which was set aside by this court, at its January term, 1855, and the cause remanded. See…
1Opinion of the CourtWalker, J.
— In the argument of appellants’ counsel no defect in the declaration is pointed out, and none has been detected by us. We decide, therefore, that there was no error in the failure to visit upon the declaration the demurrer to the defendants’ plea.
That one of the defendants, after the disaster to the boat, offered, under the circumstances stated, to pay two dollars per bale for the services of a steamboat in saving and freighting the cotton to Mobile, vras not evidence, for the exclusion of which the appellants can complain, and there was no error in rejecting such evidence.
The court…
2Cases cited7 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- McArthur v. SearsNew York Supreme Court · 1839
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1856
- Satterlee v. GroatNew York Supreme Court · 1828
- Price v. WhiteSupreme Court of Alabama · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Smith & Co. v. RiceSupreme Court of Alabama · 1876
- Milwaukee & Wyoming Investment Co. v. JohnstonNebraska Supreme Court · 1892
- Boon v. Steamboat BelfastSupreme Court of Alabama · 1866
- Henderson-Boyd Lumber Co. v. CookSupreme Court of Alabama · 1906
5 more not listed; retrieve them via the Exa API.