Tennessee River Transportation Co. v. Kavanaugh Bros.
Supreme Court of Alabama
Appkal from the City Court of Decatur. Tried before the Hon. W. H. Simpson. This was an action brought by Kavanaugh Brothers to recover of the Tennessee River Transportation Company $675, the value of a barge alleged to have been rented by the defendant under a contract, that if it failed to return the barge in as good condition as it was when received by the transportation company, it was to pay plaintiffs $675. The facts of the case are sufficiently stated in the opinion.
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Appkal from the City Court of Decatur. Tried before the Hon. W. H. Simpson. This was an action brought by Kavanaugh Brothers to recover of the Tennessee River Transportation Company $675, the value of a barge alleged to have been rented by the defendant under a contract, that if it failed to return the barge in as good condition as it was when received by the transportation company, it was to pay plaintiffs $675. The facts of the case are sufficiently stated in the opinion. On the examination of one Lewis, as a witness for the plaintiffs, he testified that he had several business transactions…
1Opinion of the CourtStone, C. J.
This is the second appeal in this case— 93 Ala. 324, 9 So. Rep. 395. Most of the facts are stated in the report of the former decision. The testimony tended to prove the following facts, and, to this extent, there was little or no conflict. The defendant company was a foreign corporation, owning steamboats, and plying them between Decatur. Alabama, and points on the river above. It transported passengers and freight for hire, and, in connection with its freight business, it was in the habit of employing barges. It owned some barges. The barge which gave rise to the present suit was the…
2Cases cited4 opinions
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Clark v. Taylor & Co.Supreme Court of Alabama · 1880
- Tennessee River Transportation Co. v. Kavanaugh Bros.Supreme Court of Alabama · 1890
- Mobile & Montgomery Railway Co. v. JaySupreme Court of Alabama · 1878
3Cited by12 opinions
- Alabama MacHinery & Supply Co. v. CaffeySupreme Court of Alabama · 1925
- Birmingham Railway, Light & Power Co. v. MurphyAlabama Court of Appeals · 1911
- Lytle & Co. v. Bank of DothanSupreme Court of Alabama · 1898
- Modern Order of Pr&198torians v. ChildsSupreme Court of Alabama · 1926
- Glenn v. City of PrattvilleAlabama Court of Appeals · 1916
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