Sommerville v. Merrill
Supreme Court of Alabama
Errar from Franklin Circuit Court — Before the Hon. Sion L. Perry. This was an action on the case, to recover damages of the defendant as a common carrier, for not conveying safely to Orleans a quantity of cotton which had been entrusted to him. It was charged, that in consequence of the defendant’s negligence, a portion of the cotton was damaged, whereby the injury had accrued to the plaintiff.
Read the full summary
Errar from Franklin Circuit Court — Before the Hon. Sion L. Perry. This was an action on the case, to recover damages of the defendant as a common carrier, for not conveying safely to Orleans a quantity of cotton which had been entrusted to him. It was charged, that in consequence of the defendant’s negligence, a portion of the cotton was damaged, whereby the injury had accrued to the plaintiff. The defendant pleaded specially, that previous to the institution of the plaintiff’s action, he, the defendant, had brought suit against the now plaintiff, to recover the freight for con-, veying the…
1Opinion of the Court
By 5ír. Justice Sapfold.
This was an action of trespass on the case, brought by the present plaintiff against the defendant as a common carrier1. To the declaration was filed a special plea in bar. To this the plaintiff demurred, and on the hearing and consideration of the demurrer, the court rendered judgment for the defendant. This judgment is the matter assigned as erroneous. It is' proper to premise, that according to the transcript of the record, the names of the parties to the demurrer have been misapplied. 'It reads “that the defendant’s demurrer to the plaintiff’s declaration being…
2Cited by4 opinions
- West. Union Telegraph Co. v. WilsonSupreme Court of Alabama · 1890
- Cummings v. EdmunsonSupreme Court of Alabama · 1837
- Avery's Administrator v. Avery's HeirsSupreme Court of Alabama · 1872
- Hines v. McMillanSupreme Court of Alabama · 1920