Frederick v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Bibb. Tried before the Hon. John Moore. This action tras brought by the appellant against the appellee. The complaint contained two counts.
Read the full summary
Appeal from the Circuit Court of Bibb. Tried before the Hon. John Moore. This action tras brought by the appellant against the appellee. The complaint contained two counts. In the first count the plaintiff claimed $100 for that upon a specified day the defendant received at Nashville, Tenn., six stoves to be delivered at Blocton, Alabama, and it was then averred in said count that the defendant undertook to deliver the stoves but the same were destroyed at Blocton, Alabama, while in the charge of the defendant as a common carrier. In the second count it was alleged that “The defendant had in…
1Opinion of the CourtDowdell, J.
The case was tried by the court without the intervention of a jury, and a judgment was rendered in favor of the defendant. There are only two assignments of error, both of which relate to the judgment rendered. No exception was taken to the judgment in the court below, so far as the bill of exceptions shows, and the exceptions if any were taken and reserved should be shown by the bill of exceptions. This being so, there is nothing in the record upon which to base the assignment of error. It may be said, however, that the judgment appealed from was properly awarded under the pleadings upon the…
2Cases cited2 opinions
- Kennedy Bros. v. Mobile & Girard RailroadSupreme Court of Alabama · 1883
- Ala. Great Southern Railroad v. Grabfelder & Co.Supreme Court of Alabama · 1887
3Cited by2 opinions
- Alabama Great Southern R. Co. v. HerringSupreme Court of Alabama · 1937
- Alabama Great Southern R. Co. v. HerringSupreme Court of Alabama · 1937