Nashville, C. & St. L. Ry. v. Farell
Alabama Court of Appeals
Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. Action by Farell & Braley against the Nashville, Chattanooga & St. Louis Railway for damages for injuries to stock in transit. Judgment for plaintiffs and defendants appeal.
1Opinion of the Court
THOMAS, J.(1) The complaint as amended contained two counts, one ex contractu and the other ex delicto, as is now authorized by statute. — Code, § 5329. The first counted upon a breach by the defendant, as a common carrier, of an express provision of the contract of carriage, and alleged, so far as is material to the consideration of the questions raised on this appeal, as follows: “That on, to-wit, the 11th day of March, 1913, the defendant was operating a railroad and engaged in the business of a common carrier, and on said date entered into a contract with plaintiff to carry 25 mules and…
2Cases cited4 opinions
- Ex parte Louisville & Nashville R. R.Supreme Court of Alabama · 1912
- Southern Railway Co. v. ProctorAlabama Court of Appeals · 1911
- Louisville & Nashville Railroad v. WilliamsAlabama Court of Appeals · 1911
- Louisville & Nashville Railroad v. JonesAlabama Court of Appeals · 1912
3Cited by3 opinions
- Chandler v. HunterCourt of Civil Appeals of Alabama · 1976
- ARMY AVIATION CTR. FED. CREDIT U. v. PostonSupreme Court of Alabama · 1984
- Ex Parte NixSupreme Court of Alabama · 1981