65 So. 698 | Ala. Ct. App. | 1913
Under the ruling made in this case by the Supreme Court, the presumption may not be indulged that the charges requested by the defendant were refused because they were not requested at the proper time. — Central of Georgia Ry. Co. v. Courson, 65 South. 179. It follows that the appellant’s application for a rehearing must be granted, and the judgment heretofore rendered by this court on the pending appeal is vacated.
Each of the counts of the complaint seeks to enforce the contract liability incurred by the defendant as a common carrier by its sale of a ticket to the plaintiff as a passenger and the issuance to him of a check for a trunk delivered as baggage. There was no evidence tending to prove that the defendant knew or was informed of what the trunk contained. Its liability as a common carrier for the passenger’s baggage did not extend to things in the trunk which were not baggage. The undisputed evidence was to the effect that the quilts, feather pillows, bedticking, pillow cases, and
The court erred in refusing to give charges 1, 2, 3, 4, and 5 requested by the defendant.
Reversed and remanded.
