Ex parte J.R. Kilgore & Son

• Decision Date: 11 February 1915
• Docket Number: 8
• Citation: 67 So. 1002,191 Ala. 671
• Court: Alabama Supreme Court
• Parties: Ex parte J.R. KILGORE & SON.

67 So. 1002

191 Ala. 671

Ex parte J.R. KILGORE & SON.

No. 8

Supreme Court of Alabama

February 11, 1915

Certiorari to Court of Appeals.

Action by J.R. Kilgore & Son against the Illinois Central Railroad Company. Judgment for plaintiff was reversed by the Court of Appeals (67 So. 707), and plaintiff petitions for certiorari. Denied.

Bankhead & Bankhead, of Jasper, for appellant.

Davis & Fite, of Jasper, for appellee.

GARDNER, J.

Petition for certiorari to Court of Appeals to review the decision of said court in the case of Illinois Central Railroad Co. v. J.R. Kilgore & Son, 67 So. 707. By the petition, review of the decision in said case is sought only as to one question, viz., whether or not the provision in the bill of lading limiting valuation, and therefore amount of recovery in event of liability, is available to the defendant to the original suit, without a special plea, the bill of lading having been offered in evidence by the plaintiff. We do not deem a discussion of the question necessary, as we conclude the opinion of the Court of Appeals in response to the application for rehearing in this case is sufficient answer to this petition, and we content ourselves with a reference thereto. Whether additional reasons might have been given we need not stop to inquire.

The writ is denied. All the Justices concur.