Northern Alabama Ry. Co. v. Feldman
Alabama Court of Appeals
Appeal from Colbert Circuit Court. Heard before Hon. C. P. Alm'on. Action by A. J. Feldman against the Northern Alabama Railway Company, for damages for loss of goods. Judgment for plaintiff and defendant appeals. The 6th and 7th ground of demurrer to the complaint should have been sustained as the complaint nowhere shows that the negligence alleged resulted in the loss of the goods.
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Appeal from Colbert Circuit Court. Heard before Hon. C. P. Alm'on. Action by A. J. Feldman against the Northern Alabama Railway Company, for damages for loss of goods. Judgment for plaintiff and defendant appeals. The 6th and 7th ground of demurrer to the complaint should have been sustained as the complaint nowhere shows that the negligence alleged resulted in the loss of the goods. The court erred in allowing the bankrupt to testify that this claim was set aside as exempt to him as the bankruptcy proceeding is the best evidence. The bankrupt’s property passes to the trustee unless he…
1Opinion of the CourtWalker, P. J.
It is insisted in the argument for the appellant that the sixth and seventh grounds of de*336murrer to the second count of the complaint were well taken, and that the demurrer to that count should have been sustained. That count charges that the goods therein mentioned were delivered to and received by the defendant as a common carrier, to be carried by it for a reward froni Sheffield, Alabama, to Haleyville, Alabama, “Which the defendant did not safely, securely, and within a reasonable time, carry and deliver the said goods for the plaintiff, and the said goods were lost to the plaintiff.”…
2Cases cited2 opinions
- Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886
- In re EdwardsDistrict Court, S.D. Alabama · 1907
3Cited by3 opinions
- Burton v. StateAlabama Court of Appeals · 1913
- Nunn Battery Co. v. Battery Mfg. Co.Supreme Court of Alabama · 1940
- Kibbe v. ScholesSupreme Court of Alabama · 1929