Ewing & Gaines v. Shaw & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the Hon. James W. Lapsley. This action was brought by the appellants, non-resident merchants and partners in trade, against J. M. Shaw & Co., who were engaged in keeping a livery-stable at Goodwater, and who were sued as common carriers, to recover damages for injuries to a quantity of goods, hardware samples, which were contained in a trunk in charge of plaintiffs’ agent, a travelling salesman, while travelling in a wagon…
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Appeal from the Circuit Court of Coosa. Tried before the Hon. James W. Lapsley. This action was brought by the appellants, non-resident merchants and partners in trade, against J. M. Shaw & Co., who were engaged in keeping a livery-stable at Goodwater, and who were sued as common carriers, to recover damages for injuries to a quantity of goods, hardware samples, which were contained in a trunk in charge of plaintiffs’ agent, a travelling salesman, while travelling in a wagon and team hired Norn defendants, and were submerged in a swollen stream which he attempted to cross; it being alleged…
1Opinion of the CourtSomebyille, J.
— The act of January 25th, 1879 (Acts 1878-79, p. 154), changes the mode of procedure, as it' purports in its title to do, in all cases where a counter claim is interposed by a defendant, by way of recoupment of damages, although it does not add to or enlarge the class of demands which may be brought in under the plea of recoupment. — Martin v. Brown, 75 Ala. 442; Code, 1886, §2683. This defense authorizes the recovery of any damages sustained by the defendant, which grow out of, or are connected with the matters set forth in the plaintiff’s complaint, and in breach of the contract upon which…
2Cases cited1 opinion
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
3Cited by11 opinions
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Grisham v. BodmanSupreme Court of Alabama · 1895
- ROMAR DEV. v. Gulf View Management Corp.Supreme Court of Alabama · 1994
- Alabama Power Co. v. KendrickSupreme Court of Alabama · 1929
- Hewlett v. John Blue Employees Federal Credit UnionCourt of Civil Appeals of Alabama · 1976
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