Hill v. Southern Railway Co.
Alabama Court of Appeals
Appeal from Anniston City Court, Heard before Hon. Thomas W. Coleman, Jr. Action by J. C. Hill against the Southern Railway Company for treating a shipment of horses for injuries received. There was judgment for plaintiff, which on motion was set aside and a new trial entered. From an order granting a new trial plaintiff appeals. Affirmed.
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Appeal from Anniston City Court, Heard before Hon. Thomas W. Coleman, Jr. Action by J. C. Hill against the Southern Railway Company for treating a shipment of horses for injuries received. There was judgment for plaintiff, which on motion was set aside and a new trial entered. From an order granting a new trial plaintiff appeals. Affirmed. Under the evidence it is a question for the jury to determine whether or not the agent McGuirk had authority to bind appellee. —31 Cyc. 1340; Syndicate I. Co. v. Gatehings, 104 Ala. 105; B. cG A. ill. Co. v. Cody, 135 Ala. 628; Robinson v. Aetna I. Co.;…
1Opinion of the CourtPelham, J.
The trial court granted the appellee’s motion for a new trial because in the opinion of that court there was no evidence of the authority of appel*490lee’s agent to bind it by contract, and make it responsible to appellant for the care of certain live stock. The appeal is from the order granting the motion for a new trial.
The appellant as plaintiff below recovered a judgment against the appellee for $457.67 for services rendered by him as a veterinary surgeon for treating and caring for certain injured live stock. The stock in question were skipped from Grand Island, Neb., to Ingrain & Co. at…
2Cases cited6 opinions
- Gibson v. Snow Hardware Co.Supreme Court of Alabama · 1891
- Montgomery Furniture Co. v. HardawaySupreme Court of Alabama · 1893
- Patterson v. NealSupreme Court of Alabama · 1902
- Singer Manufacturing Co. v. McLeanSupreme Court of Alabama · 1894
- Central of Georgia R'y Co. v. MontmollenSupreme Court of Alabama · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Northern Alabama Railway Co. v. Wilson Mercantile Co.Alabama Court of Appeals · 1913
- Lancaster v. FutrellCourt of Appeals of Texas · 1920