Legal Opinion

Central of Georgia Railway Co. v. Birmingham Sand & Brick Co.

Alabama Court of Appeals

Decided December 19, 1913PublishedCited by 24 opinions

Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by the Central of Georgia Bailway Company against the Birmingham Sand & Brick Company. From a judgment for defendant, plaintiff appeals.

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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by the Central of Georgia Bailway Company against the Birmingham Sand & Brick Company. From a judgment for defendant, plaintiff appeals. It is agreed in the above-styled cause that the following are the facts: That during the years 1909 and 1910, defendant purchased from the Columbus Concrete Supply Company, of Columbus, Ga., certain car loads of sand, to wit, 63 car loads, which were shipped from tbe sand pit of the said Columbus Concrete Supply Co., at Bull Creek, Ga., a station on the Seaboard Air Line Railway,…

1Opinion of the Court

THOMAS, J. —

This suit is on the common counts and ón a special count setting out the facts, and is brought by the appellant, the Central of Georgia Railway Company, as a common carrier engaged in interstate commerce, to recover of defendant, as the consignee of several car load shipments of sand,, the difference in the *423freight on the same, amounting in the aggregate to $682.38, between 52% cents per ton, the rate of freight named in the several bills of lading on which the sand was shipped, and 80 cents per ton, the then existing lawful rate, from Columbus, Ga., where plaintiff received the…

2Cases cited19 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
  3. Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
  4. Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
  5. Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895

14 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Chicago & North Western Railway Co. v. LindellSupreme Court of the United States · 1930
  2. T. & M. Transp. Co. v. S. W. Shattuck Chemical Co.Court of Appeals for the Tenth Circuit · 1947
  3. Cleveland C., C. & St. L. Ry. Co. v. Southern Coal & Coke Co.Tennessee Supreme Court · 1922
  4. Chicago & Northwestern Railway Co. v. J. I. Case Plow WorksWisconsin Supreme Court · 1921
  5. Central of Georgia Ry. Co. v. Southern Ferro Concrete Co.Supreme Court of Alabama · 1915

19 more not listed; retrieve them via the Exa API.

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