Werten v. K. B. Koosa & Co.
Supreme Court of Alabama
Action Against Landlord for Damage to Goods. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by K. B. Koosa & Co. against Henry Werten. From a judgment in favor of plaintiff, defendant appeals. This was an action of damage to goods owned by the tenants, against the landlord, alleged to have come from ' defective pipes and a failure of the defendant to remedy the defect.
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Action Against Landlord for Damage to Goods. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by K. B. Koosa & Co. against Henry Werten. From a judgment in favor of plaintiff, defendant appeals. This was an action of damage to goods owned by the tenants, against the landlord, alleged to have come from ' defective pipes and a failure of the defendant to remedy the defect. A former report of the case will be found in 158 Ala. 496, 48 South. 544. The allegations of the first count are: That plaintiffs leased and rented from defendant a storehouse, No. 119 Twenty-First…
1Opinion of the CourtAnderson, J.
There was a default judgment in this cause; but the appellant insists upon a reversal of this case because the complaint does not state a cause of action and will not, therefore, support the judgment. It may he that counts 1 and 2 fail to state a cause of action. — Charlie’s Transfer Co. v. Malone, 159 Ala. 325, 48 South. 705. But we think that count 3 does state a cause of action and is sufficient to support a judgment. See count 6 in the Transfer Case, supra. We do not understand that the strict rule to be indulged against a pleader on demurrers is applicable when the sufficiency of the…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. HineSupreme Court of Alabama · 1898
- O'Brien v. TatumSupreme Court of Alabama · 1887
- Birmingham Railway L. & P. Co. v. HintonSupreme Court of Alabama · 1908
- Georgia Pacific Railroad v. FullertonSupreme Court of Alabama · 1885
- K. B. Koosa & Co. v. WartenSupreme Court of Alabama · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Alabama Farm Bureau Mutual Casualty Insurance v. DalrympleSupreme Court of Alabama · 1959
- Blackwell v. Alabama Power CompanySupreme Court of Alabama · 1963
- Lessley v. PraterSupreme Court of Alabama · 1917
- Mobile O. R. Co. v. Red Feather Coal Co.Supreme Court of Alabama · 1928
- Alabama Power Co. v. DunlapSupreme Court of Alabama · 1941
16 more not listed; retrieve them via the Exa API.