Legal Opinion

Northern Alabama Railway Co. v. Bidgood

Alabama Court of Appeals

Decided June 19, 1912PublishedCited by 2 opinions

Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by G. E. Bidgood against the Northern Alabama Railway Company. Judgment for plaintiff and defendant appeals.

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Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by G. E. Bidgood against the Northern Alabama Railway Company. Judgment for plaintiff and defendant appeals. Plea 2 is as follows: “The defendant further alleges that under and by virtue of the terms and conditions of the contract for the transportation of the cattle, injury to which is claimed, among other things, it is provided as follows: 'That, as a condition precedent to any right to recover any damages for loss or injury to said live stock, notice in writing of the claim therefor shall be given to the agent of the…

1Opinion of the Court

de GRAFFENRIED, J. —

The appellee alleges in his complaint that on or about October 17, 1907, the appellant received, at Russellville, Ala., 42 head of cattle to be transported and delivered by it, as a common carrier, to the appellee at Brookside, Ala.; that it failed to deliver the cattle within a reasonable time; and that by reason thereof the cattle were injured, to the appel*660lee’s damage in the sum of $400. The case was tried by the court.without the intervention of a jury, there was a judgment for appellee, and this appeal is taken to reverse that judgment.

1. There were a number of pleas…

2Cases cited4 opinions

  1. Nashville, C. & St. L. Ry. v. HindsSupreme Court of Alabama · 1912
  2. Nashville, Chattanooga & St. Louis Railway v. HindsAlabama Court of Appeals · 1912
  3. Central of Georgia Railway Co. v. HendersonSupreme Court of Alabama · 1907
  4. Alabama Storage & Ice Co. v. Kratzer Ice Cream Co.Alabama Court of Appeals · 1911

3Cited by2 opinions

  1. Western Ry. of Alabama v. CollinsSupreme Court of Alabama · 1918
  2. Illinois Central R. R. v. Kilgore & SonAlabama Court of Appeals · 1914

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