Southern Express Co. v. Owens
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Tilomas AY. Coleman, Jr. This is an action for tke loss of a package of manuscript delivered by plaintiff’s agent to the Southern Express Co., in Columbia, S. C., to be conveyed by express to plaintiff in Sumter, S. C. The complaint was in code form.
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Appeal from Anniston City Court. Heard before Hon. Tilomas AY. Coleman, Jr. This is an action for tke loss of a package of manuscript delivered by plaintiff’s agent to the Southern Express Co., in Columbia, S. C., to be conveyed by express to plaintiff in Sumter, S. C. The complaint was in code form. The pleas were first, the general issue, 2nd, tender, 3rd, the limitation of liability to the amount of fifty dollars as damages in consideration of a nominal sum to be paid to carrier for carriage; 4th, tender of amount with interest and its payment into court. 5th, limitation of liability. In…
1Opinion of the CourtDenson, J.
This litigation arose from the failure of the defendant to deliver to the plaintiff certain goods that were delivered to the defendant as a common carrier at Columbia, S. C., to be carried to Sumter, S. C., to be there delivered to the plaintiff, the consignee. The complaint is in code form. Code 1896, p. 946, form 15. The description of the goods in the complaint is sufficiently definite to put the defendant on notice as to the particular package on which defendant’s alleged dereliction was predicated. Hence the demurrer to the complaint was properly overruled.
It appears from the record that…
2Cases cited37 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Houston & T. C. R. R. Co. v. BurkeTexas Supreme Court · 1881
- Missouri Pacific Railroad v. FaganTexas Supreme Court · 1888
- Green v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1880
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
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3Cited by46 opinions
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- Zenier v. Spokane International Railroad CompanyIdaho Supreme Court · 1956
- Campbell v. City of New HavenSupreme Court of Connecticut · 1924
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