Louisville N. R. Co. v. Camody
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County ; Robert C. Brickell, Judge. Action by M. C. Camody against the Louisville & Nashville Railroad Company, to recover demurrage.
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Appeal from Circuit Court, Morgan County ; Robert C. Brickell, Judge. Action by M. C. Camody against the Louisville & Nashville Railroad Company, to recover demurrage. Judgment for plaintiff was reversed (82 South. 6481), and on certiorari to the Supreme Court the judgment of the Court of Appeals was reversed, and the cause remanded, with instructions (84 South. 8242). Counsel discuss the errors assigned on the original hearing, with citátion of authority, but they cite no authority on the propositions as cited by the court. Defendant was clearly not entitled to demurrage. 4 R. C. L. 317,…
1Per curiam
[1, 2] On the trial of this case the appellant offered to prove that the delay in the delivery of the lumber on which demurrage charges were founded was the result of the -tortious or unlawful conduct of the plaintiff. The court declined to permit this proof, and this, ip our opinion, was error, for the reason that it shows fault on the part of the plaintiff and therefore clearly within the principle announced by the Supreme Court in its opinion in this case. Furthermore, appellant was entitled to prove the number of cars, and the length of the delay in the delivery of the lumber to the…
2Cases cited1 opinion
- Louisville N. R. Co. v. CamodyAlabama Court of Appeals · 1919