Louisville & Nashville Railroad v. Allgood
Supreme Court of Alabama
Action against Common Carrier for Failure to Deliver Goods. Appeal from tlie Circuit Court of Blouut. This action was brought by the appellee, J. D. All-good, against the appellant to recover damages for failure of the defendant to deliver certain goods which were shipped over its railroad.
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Action against Common Carrier for Failure to Deliver Goods. Appeal from tlie Circuit Court of Blouut. This action was brought by the appellee, J. D. All-good, against the appellant to recover damages for failure of the defendant to deliver certain goods which were shipped over its railroad. To the complaint as originally filed, the court sustained demurrers, and thereupon the plaintiff filed the following amended complaint: ‘ ‘The plaintiff claims of the defendant the sum of one hundred dollars damages for the failure to deliver certain goods, to-wit: one car bark, No. 3631, received by them…
1Opinion of the CourtBrickell, C. J.
The complaint as amended conforms substantially to the form of complaint prescribed by the Code for an action against a common carrier for the failure to deliver goods entrusted to him for transportation, (Code of 1886, p. 793, Form 15); and by the mandate of the statute must be deemed sufficient.-Code of 1886, § 2665. The complaint not only conforms to the statutory form, but passes beyond it, embodying an averment that the contract of shipment was made with the plaintiff and for Ms benefit.
The general rule is, that prima facie a bill of lading operates a transfer to the consignee of the…
2Cases cited2 opinions
- Capehart v. Furman Farm Improvement Co.Supreme Court of Alabama · 1893
- Robinson & Ledyard v. Pogue & SonSupreme Court of Alabama · 1888
3Cited by12 opinions
- Walter v. Alabama Great Southern R. R.Supreme Court of Alabama · 1904
- Southern Railway Co. v. ProctorAlabama Court of Appeals · 1911
- Nashville, C. & St. L. Ry. v. Abramson-Boone Produce Co.Supreme Court of Alabama · 1917
- Southern Railway Co. v. BrewsterAlabama Court of Appeals · 1913
- Atlantic Coast Line R. Co. v. J. W. Maddox Co.Supreme Court of Alabama · 1923
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