Legal Opinion

Southern Ry. Co. v. Cortner

Alabama Court of Appeals

Decided February 1, 1912PublishedCited by 3 opinions

Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Actions by R. G. Cortner and others against the Southern Railway Company for failure to deliver certain cotton. Judgment for plaintiff and defendant appeals. The court erred in ■directing a verdict for plaintiff. — B. R. L. & P. Co. v. Enslen, 144 Ala. 343; So.

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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Actions by R. G. Cortner and others against the Southern Railway Company for failure to deliver certain cotton. Judgment for plaintiff and defendant appeals. The court erred in ■directing a verdict for plaintiff. — B. R. L. & P. Co. v. Enslen, 144 Ala. 343; So. Ry. v. Nelson, 148 Ala. 88. The court was in error in striking the motion for a new trial. — Sec. 5372, Code 1907. Counsel discuss assignments of error relative to evidence, but without further •citation of authority. It was competent to show that the Compress…

1Opinion of the Court

de GRAFFENRIED, J.

The appellees brought two suits against the appellant, and the two suits were consolidated and tried as one. The only matter in real dispute between the parties was whether the appellant, which had received three bales of cotton consigned to *402the appellees at Decatur, Ala., and which the appellant, had contracted as a common carrier to . transport and deliver to the appellees at Decatur, Ala., had, in fact,, delivered said cotton to the appellees. The .value of the cotton was agreed upon, and the case was tried upon the plea of thé general issue. At the conclusion of the…

2Cases cited5 opinions

  1. Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
  2. Southern Railway Co. v. GriffithSupreme Court of Alabama · 1912
  3. Walling v. Morgan CountySupreme Court of Alabama · 1899
  4. Kidd & Co. v. Cromwell, Haight & Co.Supreme Court of Alabama · 1850
  5. Perry & Co. v. KingSupreme Court of Alabama · 1897

3Cited by3 opinions

  1. Pallilla v. Galilee Baptist ChurchSupreme Court of Alabama · 1927
  2. Banks v. WindhamAlabama Court of Appeals · 1913
  3. Key v. Goodall Brown & Co.Alabama Court of Appeals · 1913

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