Louisville & Nashville Railroad v. Brinkerhoff & Co.
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Tried before Hon. George F. Brewer. Tlie first count of the complaint was as follows: “The plaintiff claims of the defendant one hundred and inven ty dollars as damages for that whereas the defendant, before and at the time of the delivery of the goods hereinafter mentioned, urns and thence hitherto hath been and still is a common carrier of goods and chattels for hire, to-wit: from Calera, in Shelby county, to Bessemer, in Jefferson County,…
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Appeal from Shelby Circuit Court. Tried before Hon. George F. Brewer. Tlie first count of the complaint was as follows: “The plaintiff claims of the defendant one hundred and inven ty dollars as damages for that whereas the defendant, before and at the time of the delivery of the goods hereinafter mentioned, urns and thence hitherto hath been and still is a common carrier of goods and chattels for hire, to-wit: from Calera, in Shelby county, to Bessemer, in Jefferson County, Alabama; and the plaintiff on the 5th day of January, 1892, at Calera, aforesaid, caused to be delivered to the…
1Opinion of the CourtColeman, J.
The suit was brought by the appellee. The complaint contains three counts, the first and second being against the defendant as a common carrier, and the third is against the defendant generally, and is in trover for a conversion of the goods. The fifth ground of demurrer to the complaint is, “For that said complaint contains counts for the recovery of money on a breach of contract, and for conversion.” The second count pursues the form given in the Code for an action on a bill of lading of a common carrier, Code 1896, p. 940, and is ex contracta,. The third count follows the form given in the…
2Cases cited6 opinions
- McCarthy v. Louisville & Nashville RailroadSupreme Court of Alabama · 1893
- McDaniel v. JohnstonSupreme Court of Alabama · 1895
- Louisville & Nashville R. R. v. TouartSupreme Court of Alabama · 1892
- Baldwin v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1895
- Ala. Great Southern Railroad v. EichoferSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902