Atlantic Coast Line R. R. v. Dahlberg Brokerage Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. W. W. Pearson. Action by Dahlberg Brokerage Company against the Atlantic Coast Line Railroad Company for delivering goods to the Avrong person. .Judgment for plaintiff, anl defendant appeals. The facts and pleadings sufficiently appear from the opinion.
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Appeal from Montgomery City Court. Heard before Hon. W. W. Pearson. Action by Dahlberg Brokerage Company against the Atlantic Coast Line Railroad Company for delivering goods to the Avrong person. .Judgment for plaintiff, anl defendant appeals. The facts and pleadings sufficiently appear from the opinion. The following charges were refused to the defendant: (1) “The burden of proof is upon plaintiff to show that plaintiff reserved the title to the goods in the sale of them to Deans.” (2) “The court charges the jury that if plaintiff, after knowing that the draft was not paid by Deans, had it…
1Opinion of the CourtSayre, J.
The complaint ivas reduced by the voluntary action of the plaintiff, and by rulings of the court not now in question, to counts 6 and 7. Count 6 declared upon the wrongful delivery of plaintiff’s goods by the defendant carrier to one Chas. Deans. Count 7 declared upon defendant’s failure or refusal to deliver to plaintiff. The bill of lading which evidenced the contract of carriage between the parties provided that the defendant was to make delivery to “onfy” Deans. In the complaint this collocation of letters was averred to have been employed by the parties as meaning “order notify,” and the…
2Cases cited2 opinions
- Mouton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900
- Riddle v. BlairSupreme Court of Alabama · 1906
3Cited by13 opinions
- Alabama Fuel & Iron Co. v. DensonSupreme Court of Alabama · 1922
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1918
- Metcalf v. MetcalfSupreme Court of Alabama · 1925
- Nashville, C. & St. L. Ry. v. Abramson-Boone Produce Co.Supreme Court of Alabama · 1917
- Central of Georgia Ry. Co. v. Dothan Nat. BankSupreme Court of Alabama · 1921
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