Central of Ga. Ry. Co. v. Weaver
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by E. W. Weaver against tbe Central of Georgia Railroad Company, for damages for delay in transporting a carnival outfit and troup. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals under act creating said court.
1Dissent
GARDNER, J.—
(dissenting). — I am unable to concur in the views expressed by the court in the foregoing opinion. As I understand the opinion, it proceeds upon the theory that, conceding appellee was wrongfully delayed on his journey to Alexander City, and that, therefore, the defendant carrier was liable to him for such wrong, yet the plaintiff must be restricted to a recovery of nominal damages only, on the theory that his testimony as to the value of the use of his property at Alexander City is shown to be based upon the patronage he expected his shows to receive during that day.
I am fully…
2Cases cited10 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- International Agri. Cor. v. AbercrombieSupreme Court of Alabama · 1913
- Weston v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1906
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
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