Zimmern's Coal Co. v. Louisville & Nashville R. R.
Alabama Court of Appeals
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by the Zimmern’s Coal Company for the use of the Mobile Electric Company, against the Louisville & Nashville Railroad Company, for the loss of freight in transit. Judgment for defendant and plaintiff appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by the Zimmern’s Coal Company for the use of the Mobile Electric Company, against the Louisville & Nashville Railroad Company, for the loss of freight in transit. Judgment for defendant and plaintiff appeals. The court erred in ruling out all of the evidence introduced by the plaintiff upon the theory that the plaintiff was not entitled to maintain the action under the proof. — Walter v. A. G-. S. R. R. Oo., 142 Ala. 474; So. Fx. Oo. v. Armstead, 50 Ala. 350; L. & N. v. Touart, 97 Ala. 514; Jones v. Sims, 6…
1Opinion of the CourtWalker, P. J.
This suit was instituted in the name of the Mobile Electric Company, and its object was to recover damages for coal claimed to have been lost from a number of car loads of coal received by the appellee (defendant below) as a common carrier for delivery at Mobile. The several shipments were made by *477the Tennessee Coal, Iron & Railroad Company from its mines at Blocton, Ala.; the consignments being to Zimmern’s Coal Company, that company being named in each of the bills of lading as the consignee. The complaint was amended so as to make the suit one by the Zimmern’s Coal Company for the use and…
2Cases cited7 opinions
- Capehart v. Furman Farm Improvement Co.Supreme Court of Alabama · 1893
- Walter v. Alabama Great Southern R. R.Supreme Court of Alabama · 1904
- Louisville & Nashville Railroad v. AllgoodSupreme Court of Alabama · 1896
- Byrd v. BeallSupreme Court of Alabama · 1907
- Louisville & Nashville R. R. v. BarkhouseSupreme Court of Alabama · 1892
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3Cited by2 opinions
- Nashville, C. & St. L. Ry. v. Abramson-Boone Produce Co.Supreme Court of Alabama · 1917
- Sanders v. RogersAlabama Court of Appeals · 1917