Southern Cotton Oil Co. v. Central of Georgia Ry. Co.
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Southern District of Georgia; Wm. I. Grubb, Judge. Action by the S'outhern Cotton Oil Company against the Central of Georgia Railway Company. Judgment for defendant (204 Fed. 476), and plaintiff brings error.
1Opinion of the Court
WALKER, Circuit Judge.
[1-4] Neither the petition in this case nor the agreed statement of facts, which was adopted as the defend*336ant’s answer, shows that-y the plaintiff was not the owner o.r shipper of the goods for services-of the plaintiff in the wharfage and handling of which at Savannah recovery was sought. The contrary not appearing, it may be presumed that the plaintiff was the shipper of the goods. The carrier was not entitled to pay the shipper for such services unless the charges therefor were specified in a duly published schedule or tariff. U. S. Comp. St. 1913, § 8569. It appears…
2Cases cited1 opinion
- American Sugar Refining Co. v. Delaware, L. & W. Ry. Co.District Court, D. New Jersey · 1912
3Cited by3 opinions
- Norfolk Tidewater Terminals, Inc. v. Norfolk & Portsmouth Belt Line RailroadSupreme Court of Virginia · 1938
- St. Louis, I. M. & S. Ry. Co. v. Landa & StoreyCourt of Appeals of Texas · 1916
- National Beef Packing Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1976