Oden-Elliott Lumber Co. v. Louisville N. R. Co.
Alabama Court of Appeals
Appeal from City Court of Birmingham; H. A. Sharpe, Judge. Action by the Oden-Elliott Lumber Company against the Louisville & Nashville Railroad Company. From judgment for defendant, plaintiff- appeals. Action by the plaintiff in the court below against the defendant to recover overcharge in freight and for a statutory penalty. From a judgment for -the defendant the plaintiff appeals.
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Appeal from City Court of Birmingham; H. A. Sharpe, Judge. Action by the Oden-Elliott Lumber Company against the Louisville & Nashville Railroad Company. From judgment for defendant, plaintiff- appeals. Action by the plaintiff in the court below against the defendant to recover overcharge in freight and for a statutory penalty. From a judgment for -the defendant the plaintiff appeals. There were seven counts in the complaint, the first claiming both a penalty and overcharge, the last the penalty alone, and the others claiming for an overcharge. The sixth was in Code form for money received to…
1Opinion of the CourtSamford, J.
[1] In the absence of a special contract, the obligation of a carrier of goods is to transport them by the usual and customary route proposed by him to the public, without any unnecessary deviation. Niagara v. Cordes, 21 How. 7, 16 L. Ed. 41; Pierce v. Southern Pacific Co., 120 Cal. 156, 47 Pac. 874, 52 Pac. 302, 40 L. R. A. 350; Powers v. Davenport, 7 Blackf. (Ind.) 497, 43 Am. Dec. 100; Empire Transportation Co. v. Wallace, 68 Pa. 302, 8 Am. Rep. 178; 5 English Ruling Cases, 273.
[2] Prima facie direct transit to the destination indicated by the bill of lading is intended. 2 British Ruling…
2Cases cited3 opinions
- Propeller Niagara v. CordesSupreme Court of the United States · 1859
- Pierce v. Southern Pacific Co.California Supreme Court · 1898
- Empire Transportation Co. v. WallaceSupreme Court of Pennsylvania · 1871
3Cited by2 opinions
- Hays Cooperage Co. v. Louisville N. R. Co.Alabama Court of Appeals · 1920
- Oden Elliott Lumber Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1918