Louisville & N.R. Co. v. McCool
|Supreme Court of Alabama
|52 So. 656,167 Ala. 644
|LOUISVILLE & N. R. CO. v. MCCOOL.
|19 May 1910
Appeal from City Court of Montgomery; W. H. Thomas, Judge.
Action by J. M. McCool against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. Affirmed.
The action was detinue for certain articles shipped over the Louisville & Nashville line, and alleged to be in their freight depot at Montgomery. Plea 2 is as follows: "The defendant avers that it was, on, to wit, October 16, 1908, a common carrier; that it received on October 10, 1908, at its office in the city of Montgomery the property sued for and consigned to plaintiff; that on, to wit, October 15, 1908 plaintiff called, through his agent, at the warehouse of defendant in the city of Montgomery and demanded the property sued for; that on this occasion plaintiff had no bill of lading; that defendant demand a bill of lading from plaintiff before delivering the property sued for; that plaintiff refused to show a bill of lading for the property sued for that defendant thereupon offered to deliver property to plaintiff upon plaintiff's paying the invoice price of the property sued for, and that plaintiff refused to do this that defendant thereupon offered to deliver the property sued for to plaintiff, upon plaintiff's offering satisfactory evidence of ownership in plaintiff."
The demurrers were as follows: These 'demurrers were filed March 31 1909. Other demurrers were as follows: Other demurrers filed to the plea as a whole raise the same question as those set out in demurrers numbered 1 and 2 above.
Goodwyn & McIntyre, for appellant.
Warren S. Reese, for appellee.
Detinue by appellee for chattels in possession of the appellant as a common carrier and consigned to appellee. The appeal is on...
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