Report of Cases Argued and Determined in the Court of Appeals of Alabama, Volume 6West Publishing Company, 1913 - Law reports, digests, etc |
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56 South 60 South action agent Alabama Albertville alleged Anniston appellant appellant's appellee appellee's assignments of error Assumpsit attorney authority averments bill of exceptions bill of lading bond breach carrier cause certiorari Circuit Court claim Code common carrier complaint contract cotton count court erred damages December 19 Decided November defendant's deliver delivery demurrer dence detinue duty facts failure fendant filed Hardison Harmless Error Heard Heard before Hon injury jury Kilgore liable Light & Power Louisville & Nashville Lumber ment Montgomery motion Nashville R. R. Nashville Railroad negligence November 12 November 28 opinion overruling party passenger plain plaintiff plea pleadings possession prosecution question reasonable recover refused Reversed and remanded rule servants sheriff shown statute sufficient suit supra Supreme Court sustained telegram tending to show testified testimony tiff tion train trial court trover verdict Western Union Western Union Telegraph witness
Popular passages
Page 247 - That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 247 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 487 - ... it shall be unlawful for any person, persons, or corporation to offer, grant, or give, or to solicit, accept, or receive any rebate, concession, or discrimination...
Page 301 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 479 - The apparent authority so far as third persons are concerned is the real authority, and when a third person has ascertained the apparent authority with which the principal has clothed the agent, he Is under no further obligation to inquire into the agent's actual authority.
Page 47 - All of them support the rule now adopted by this court, that it is error sufficient to reverse a judgment for counsel, against objection, to state facts pertinent to the issue and not in evidence, or to assume arguendo such facts to be in the case, when they are not.
Page 487 - ... whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by said chapter, or whereby any other advantage is given or discrimination is practiced.
Page 246 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 486 - That if any common carrier subject to the provisions of this Act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...
Page 125 - to regulate the practice and proceedings In civil cases In the circuit court of Jefferson county,