Southern Railway Co. v. Aldredge
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. J. A. Bilbro. The purpose of the suit and the facts of the case axe' sufficiently stated in the opinion. The defendant xequested the court to give to the jury the following written charges, and separately excepted to the court’s refusal to give each of them as asked: “2. If the jury believe all the evidence, they cannot find for the plaintiff in the second count of the complaint.”
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Appeal from the Circuit Court of Etowah. Tried before the Hon. J. A. Bilbro. The purpose of the suit and the facts of the case axe' sufficiently stated in the opinion. The defendant xequested the court to give to the jury the following written charges, and separately excepted to the court’s refusal to give each of them as asked: “2. If the jury believe all the evidence, they cannot find for the plaintiff in the second count of the complaint.” “3. The burden is on the plaintiff to show that defendant was guilty of gross negligence in keeping the goods to a reasonable certainty, and if the…
1Opinion of the CourtSimpson, J.
This was an action by appellees for the value of two cases of shoes, basing their right to recovery on appellant’s liability as a common carrier, in the first count, and on its liability as a warehouseman for reward, in the second count of the complaint. The judgment was for plaintiffs for ¡¡¡¡30.16.
The undisputed facts of the case are that two shipments of shoes were received for plaintiffs, at Attalla; ■that when plaintiffs called for them, they could not carry them all, and requested defendant’s agent- to alloAv those not carried away then, to remain in the warehouse ’till they could call…
2Cases cited6 opinions
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- Seals v. EdmondsonSupreme Court of Alabama · 1882
- Haas v. TaylorSupreme Court of Alabama · 1886
- Jones v. HatchettSupreme Court of Alabama · 1848
- Mobile & Girard Railroad v. PrewittSupreme Court of Alabama · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Alabama Great Southern R. Co. v. HerringSupreme Court of Alabama · 1937
- American Ry. Express Co. v. Mobile Importing & Trading Co.Supreme Court of Alabama · 1926
- Bricken v. SikesAlabama Court of Appeals · 1915
- Hestle v. Louisville N. R. Co.Alabama Court of Appeals · 1919
- Hogan v. AllisonSupreme Court of Alabama · 1955