McDaniel v. Johnston
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. On the 16th day of April, 1891, the'appellee, John F. Johnston, brought suit against the appellant, Dock'McDaniel, in the Circuit Court of Morgan county, Alabama, by filing a complaint in these words: “Plaintiff claims of the defendant one hundred and two ($102) dollars, for injury to certain goods, viz: Three (8) bales of cotton received by him as a common carrier, to be delivered to the plaintiff,…
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. On the 16th day of April, 1891, the'appellee, John F. Johnston, brought suit against the appellant, Dock'McDaniel, in the Circuit Court of Morgan county, Alabama, by filing a complaint in these words: “Plaintiff claims of the defendant one hundred and two ($102) dollars, for injury to certain goods, viz: Three (8) bales of cotton received by him as a common carrier, to be delivered to the plaintiff, at Bluff City, on the Tennessee river in said county for a reward, which he failed to deliver and injured said goods to…
1Opinion
On ReheariNo.
Upon further consideration of the application for rehearing, the court has reached the conclusion, in line with Ala. Gr. So. R. R. Co. v. Eichofer, 100 Ala. 224, McCarthy et al. v. L. & N. R. R. Co., 102 Ala. 193, and a case decided from the bench on argument at the present term, that the action in the present cause is ex contractu and not ex delicto as we formerly held. The former opinion bearing on this point and upon the question whether defendant was entitled to exemption against the judgment and execution in the case is withdrawn. This con-*533elusion leads to a reversal of the…
2Cases cited2 opinions
- McCarthy v. Louisville & Nashville RailroadSupreme Court of Alabama · 1893
- Ala. Great Southern Railroad v. EichoferSupreme Court of Alabama · 1893