Louisville & Nashville R. R. v. Cheatwood
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by A. J. Cheatwood against the Louisville & Nashville Railroad Company for damages for failure to deliver, and for delay in delivering household goods. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by A. J. Cheatwood against the Louisville & Nashville Railroad Company for damages for failure to deliver, and for delay in delivering household goods. Judgment for plaintiff, and defendant appeals. The following charges were refused to defendant: “(14) Defendant is not liable for any delay that happened while the plaintiff’s goods were in defendant’s possession, unless defendant was negligent in allowing such delay.” “(17) The last carrier is not liable for the delay to goods unless the delay occurred on its line,…
1Opinion of the CourtThomas, J.
The counts of the complaint upon which the case was tried were in Code form, and claimed of the appellant railroad company as a common carrier damages, respectively, for “a failure to deliver” a part of the goods of a certain shipment, for “a failure to deliver within a reasonable time” another part of the goods so shipped, and for “injury” to that part of the shipment that was delivered to plaintiff. The only plea was the general issue.(1) The defendant requested a charge asserting that if the jury believed the evidence they could not find for plaintiff under count 3, which was the count…
2Cases cited19 opinions
- Hale v. StateSupreme Court of Alabama · 1898
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
- Collins v. StateSupreme Court of Alabama · 1902
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Hammond v. StateSupreme Court of Alabama · 1906
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Thomas K. Reed, Jr. Cross-Appellee v. Aaacon Auto Transport, Inc., a New York Corporation, Cross-AppellantCourt of Appeals for the Tenth Circuit · 1981
- Local 204 of Textile Workers Union of A. v. RichardsonSupreme Court of Alabama · 1943
- Wilson Bros. v. Mobile O. R. Co.Supreme Court of Alabama · 1922
- H. J. Crenshaw & Co. v. Seaboard Air Line Ry. Co.Supreme Court of Alabama · 1929
- TM Long Co., Inc. v. COOPER JARRETTNew Jersey Superior Court Appellate Division · 1979
2 more not listed; retrieve them via the Exa API.