Louisville & Nashville Railroad v. Duncan
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the lion. A. A. Coleman. This action was brought by the appellees, James C. Duncan and Joe C. Orr, against the appellant, Louisville & Nashville Railroad Company. The complaint is set out at length in the opinion. The defendant demurred to this complaint, but the demurrer was overruled by the court, and to this ruling* the defendant duly excepted.
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Appeal from the Circuit Court of Jefferson. Tried before the lion. A. A. Coleman. This action was brought by the appellees, James C. Duncan and Joe C. Orr, against the appellant, Louisville & Nashville Railroad Company. The complaint is set out at length in the opinion. The defendant demurred to this complaint, but the demurrer was overruled by the court, and to this ruling* the defendant duly excepted. On the trial of the case, the following facts were shown: Plaintiffs delivered the live stock to defendant at Birmingham, Sunday, November 5th, 1899, at noon. Before delivery one of the…
1Opinion of the CourtMoCLELLAN, C. J.
The action is prosecuted by Duncan & Orr against the Louisville & Nashville Railroad Company. The complaint is as follows: “The plaintiffs claim of the defendant one thousand dollars damages for that heretofore, to-wit, on the 5th day of November, 1899, defendant was engaged in the business of a common carrier of freight from Birmingham, Alabama, with connections at various points, several of which connections reached Greenville, Florida; thaifc on said day plaintiffs delivered to defendant- at said Birmingham a large lot of horses and mules, to-wit, twenty-six head, to be carried to said…
2Cases cited4 opinions
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
- Central of Georgia Railway Co. v. FreemanSupreme Court of Alabama · 1901
- Bloch v. O'Conner Mining & Manufacturing Co.Supreme Court of Alabama · 1900
- Sidney Land & Colony Co. v. Milner, Caldwell & Flowers Lumber Co.Supreme Court of Alabama · 1902
3Cited by13 opinions
- Central of Georgia Ry. Co. v. CarlockSupreme Court of Alabama · 1916
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Louisville & Nashville Railroad v. State ex rel. GraySupreme Court of Alabama · 1907
- Alabama Trunk & Luggage Co. v. HauerSupreme Court of Alabama · 1926
- McKinley v. CampbellSupreme Court of Alabama · 1927
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