Southern Railway Co. v. Rosenberg
Supreme Court of Alabama
Appeal from,the Circuit Court of Hale. 'Tried before the Hon. John Moore. This was an action brought by the appellee, I. Bosen-berg, against the Southern Bailway Company, to recover damages for injury to certain household furniture of the plaintiff, which in the complaint, is alleged to have been received by the defendant as a common carrier, to be delivered to the plaintiff at Marion, Alabama, for a re-ivard, and that the defendant failed to so deliver said goods, except in…
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Appeal from,the Circuit Court of Hale. 'Tried before the Hon. John Moore. This was an action brought by the appellee, I. Bosen-berg, against the Southern Bailway Company, to recover damages for injury to certain household furniture of the plaintiff, which in the complaint, is alleged to have been received by the defendant as a common carrier, to be delivered to the plaintiff at Marion, Alabama, for a re-ivard, and that the defendant failed to so deliver said goods, except in a damaged condition. The defendant pleaded the general issue and a special plea in Avliich he set up that the injury…
1Opinion of the CourtDowdell, J.
There are only two questions presented by the record. One is, the action of the court in sustaining plaintiff’s demurrer to the defendant’s plea of the statute of limitations of one year. The other is, the giving of the affirmative charge requested in writing by the plaintiff. This latter assignment of error is not insisted upon in argument. Moreover, the evidence, Avithout any conflict, made out a prima facie case in favor of the plaintiff, which authorized the giving of the charge as requested.
The present action is one ex contractu, and the statute of limitations of one year presented no…
2Cases cited4 opinions
- McCarthy v. Louisville & Nashville RailroadSupreme Court of Alabama · 1893
- McDaniel v. JohnstonSupreme Court of Alabama · 1895
- Ala. Great Southern Railroad v. EichoferSupreme Court of Alabama · 1893
- Holland v. Southern Express Co.Supreme Court of Alabama · 1896
3Cited by2 opinions
- Mott v. JacksonSupreme Court of Alabama · 1911
- Mcneill v. Atlantic Coast Line Ry. Co.Supreme Court of Alabama · 1909