Warley Fruit & Produce Co. v. Louisville & N. R.
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action for damages by reason of negligent delay in the transportation of a carload of potatoes, by the Warley Eruit & Produce Company against the Louisville & Nashville Railroad Company. From a judgment of nonsuit taken by plaintiff under the statute, plaintiff appeals.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action for damages by reason of negligent delay in the transportation of a carload of potatoes, by the Warley Eruit & Produce Company against the Louisville & Nashville Railroad Company. From a judgment of nonsuit taken by plaintiff under the statute, plaintiff appeals. An initial common carrier is liable to a shipper, although it has tendered delivery of freight to the consignee, where subsequent to such tender there is a reeonsignment of the freight based upon a valid consideration, although the damage occurs on the line of…
1Opinion of the CourtSamford, J.
There was much pleading in the case, but, as is admitted by both parties in brief, the entire controversy is composed in the eighth count of the complaint, the pleas thereto and the demurrers to those pleas. The demurrers were overruled, and the count and pleas were as follows:
“Plaintiff claims of the defendant $530.25, damages for that on, to wit, the 26th day of February, 1913, one A. Freeland delivered to the Louisville & Nashville Railroad Company, at Grand Bay, Ala., one carload of sweet potatoes, which the defendant accepted for shipment and transportation, as a common carrier, over its…
2Cases cited5 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. TexasSupreme Court of the United States · 1907
- Chicago, Milwaukee & St. Paul Railway Co. v. IowaSupreme Court of the United States · 1914
- Louisville & N. R. R. v. BrewerSupreme Court of Alabama · 1913
- Settle v. Baltimore & O. S. W. R. Co.Court of Appeals for the Sixth Circuit · 1918
- Southern Pacific Railroad v. A. J. Lyon & Co.Mississippi Supreme Court · 1914
3Cited by7 opinions
- Clark v. Louisville N. R. R. Co.Supreme Court of Alabama · 1927
- Young v. United StatesCourt of Appeals for the Fifth Circuit · 1964
- Central of Georgia Railway Co. v. CouncilSupreme Court of Georgia · 1927
- Wendenburg v. Allen Roofing Co.New Mexico Supreme Court · 1986
- Young v. United StatesCourt of Appeals for the Fifth Circuit · 1964
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