Brock v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This was an action brought by the appellant, John L. Brock, against the Louisville & Nashville Railroad Company, to recover damages for failure of the defendant to deliver to the plaintiff certain goods which were received by the defendant as a common carrier for transportation to the plaintiff.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This was an action brought by the appellant, John L. Brock, against the Louisville & Nashville Railroad Company, to recover damages for failure of the defendant to deliver to the plaintiff certain goods which were received by the defendant as a common carrier for transportation to the plaintiff. It is unnecessary to make a detailed statement of the facts, since the only question reviewed on the present appeal is sufficiently shown in the opinion. There was judgment for the defendant from which the plaintiff appeals,…
1Opinion of the Court
HARALSON, J. —
In construing sections 2743, 2744 and 2745 of the Code, we have held that, “Whenever there is a special finding by the court, whether performed in the exercise of its discretion, or upon written request of the parties or either of them, on appeal it is the duty of the court to examine and determine whether the facts are sufficient to support the judgment.”— Sayre v. Weil, 94 Ala. 470.
In other cases we have held, that “A special verdict must find directly and affirmatively every fact in issue essential to the right of recovery, or judgment upon it cannot be pronounced; it cannot…
2Cases cited1 opinion
- Betancourt v. EberlinSupreme Court of Alabama · 1882
3Cited by6 opinions
- Bryant v. Central Foundry Co.Supreme Court of Alabama · 1928
- Bass v. Cowikee MillsSupreme Court of Alabama · 1952
- McCarley v. WhiteSupreme Court of Alabama · 1907
- Lanford & Co. Live Stock Corp. v. MathisAlabama Court of Appeals · 1913
- Central of Georgia Railway Co. v. TurnerSupreme Court of Alabama · 1904
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