Nashville, C. & St. L. Ry. v. Abramson-Boone Produce Co.
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. JOHN H. DlSQUE. Action by the Abramson-Boone Produce Company, suing for J. M. Smith and Company, against the Nashville, Chattanooga & St. Louis Railway for damages for injury to freight. Judgment for plaintiff and defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 450.
1Opinion of the CourtGardner, J.
— J. M. Smith & Co., a partnership doing business at Gadsden, Ala., ordered through one Harris, a broker, a *272carload of hay which was to come from the Abdamson-Boone Produce Company of Idaho. The hay was shipped. November 22, 1913, and arrived in Gadsden December 16th following, and was delivered to J. M. Smith & Co. on December 20th. The bill of lading was issued by the Oregon Short Line Railroad, and the car of hay was consigned to the order of said Abramson-Boone company for delivery at Gadsden and indorsed by said company. Attached to the bill of lading was a draft on Harris & Co. for the…
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