Southern Railway Co. v. Lockwood Mfg. Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before tbé Hon. A. A. Coleman. This was an action of trover brought by J. L. Lockwood, H. W. Lockwood and A. H. Lockwood, doing business as partners under the firm name of Lockwood Manufacturing Company, against the Southern Railway Company, to recover damages for the alleged conversion by the defendant of 7000 feet of poplar lumber.
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Appeal from the Circuit Court of Jefferson. Tried before tbé Hon. A. A. Coleman. This was an action of trover brought by J. L. Lockwood, H. W. Lockwood and A. H. Lockwood, doing business as partners under the firm name of Lockwood Manufacturing Company, against the Southern Railway Company, to recover damages for the alleged conversion by the defendant of 7000 feet of poplar lumber. The damages claimed being fixed at $260. The defendant pleaded the general issue and the following special plea; “For further answer to the complaint, defendant says- that the car of lumber, a part of which forms…
1Opinion of the CourtDowdell, J.
The evidence in this case upon the principal issue involved, is practically without dispute. The reasonableness of the Bailway' Company’s rules which were adopted by the Alabama Car Service Association relative, to demurrage charges on its cars, and the time limit in the placing of its-cars for unloading, and the unloading of the same, by the consignee, etc., as shown by the evidence, seems not to have been denied or questioned.
We concur in the statement made by counsel for appellees in their brief, that the only question in this case necessary to be considered, is whether the appellant had…
2Cases cited4 opinions
- Miller v. MansfieldMassachusetts Supreme Judicial Court · 1873
- Miller & Co. v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1891
- Collins v. Alabama Great Southern RailroadSupreme Court of Alabama · 1893
- Gulf City Construction Co. v. Louisville & Nashville RailroadSupreme Court of Alabama · 1898
3Cited by5 opinions
- Holloman v. Southern Railway Co.Supreme Court of North Carolina · 1916
- Gault Lumber Co. v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1913
- Ingram v. ErwinCourt of Civil Appeals of Alabama · 1976
- Purcell v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Illinois Circuit Court · 1893
- Southtrust Mobile Services, Inc. v. WhitakerCourt of Civil Appeals of Alabama · 1997