Southern Railway Co. v. Jones Cotton Co.
Supreme Court of Alabama
Apbal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Jones Cotton Company against the Southern Railway Company and the Gulf Compress Company, for a discovery and accounting, and incidentally for damages. Decree for complainants and respondents appeal.
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Apbal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Jones Cotton Company against the Southern Railway Company and the Gulf Compress Company, for a discovery and accounting, and incidentally for damages. Decree for complainants and respondents appeal. See the case of Gulf Compress Co. et al. v. Jones Cotton Co., 157 Ala. 32; 47 So. 251. The railroad company was liable under its bill of lading, if any liability attached. — Secs. 5546, 6133 and 6132, Code 1907. When the bill of lading was transferred to the consignee, the legal title passed out of the Jones Cotton…
1Opinion of the CourtSayre, J.
When this case was here on a former occasion (157 Ala. 32, 47 South. 251) the equity and frame of the bill were settled in favor of the complainant. The present appeal raises only the question of the liability of the defendants for certain items charged against them in the decree. First, then, with reference-to the two lots of cotton, 54 bales were marked “O. S. T.,” and 50 marked “E. W. L.” The decree was that the Southern Railway Company should respond to the complainant for the actual loss in weight sustained by this cotton while in the possession of the Gulf Compress Company as the agent…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. AllgoodSupreme Court of Alabama · 1896
- Gulf Compress Co. v. Jones Cotton Co.Supreme Court of Alabama · 1908
3Cited by6 opinions
- Nashville, C. & St. L. Ry. v. Abramson-Boone Produce Co.Supreme Court of Alabama · 1917
- Louisville & N. R. v. Cullman Warehouse, Inc.Supreme Court of Alabama · 1933
- Gulf Compress Co. v. Jones Cotton Co.Supreme Court of Alabama · 1911
- Dearborn Stove Company v. DeanAlabama Court of Appeals · 1958
- Zimmern's Coal Co. v. Louisville & Nashville R. R.Alabama Court of Appeals · 1912
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