State ex rel. Harrell v. Mobile & Montgomery Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the lion John K. Henry. The facts are contained in the opinion. 1. If the mandate of the court, as was strongly intimated, must be limited necessarily to some particularly described article of freight, and can not be extended to the performance of a continuous like duty to appellants as a remedy in this class of cases, it is simply worthless, and I think contrary to the fundamental principles established in the following…
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Appeal from the Circuit Court of Butler. Tried before the lion John K. Henry. The facts are contained in the opinion. 1. If the mandate of the court, as was strongly intimated, must be limited necessarily to some particularly described article of freight, and can not be extended to the performance of a continuous like duty to appellants as a remedy in this class of cases, it is simply worthless, and I think contrary to the fundamental principles established in the following cases :—29 Conn. 538 ; 2 Barn. & Aid. 644; 1 Otto, 91; 5 Heisk. (Tenn.)125; 37 Ind. 489 ; 3 Harr. 312 ; High, Ex. Rem.…
1Opinion of the Court
STONE, J.—
The grievance complained of in the present petition is, that the Mobile and Montgomery Railway Company refused to transport local freight, tendered by the relator, at a rate of fifty per cent, more than the rate charged for transporting the same description of freight over the whole line of its road. See act “ regulating the charges for transportation of freight upon railroads within this State, ” approved April 19th, 1873—Pamp. Acts, page 62. The complaint charges “ that relator tendered respondent at its depot in the city of Greenville, bales of lint cotton for transportation to…
2Cases cited6 opinions
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
- Indianapolis & Cincinnati Railroad v. State ex rel. City of LawrenceburgIndiana Supreme Court · 1871
- Chicago & Northwestern Railway Co. v. People ex rel. HempsteadIllinois Supreme Court · 1870
- People ex rel. Secretary of State v. State InsuranceMichigan Supreme Court · 1869
- State ex rel. Craig v. DoughertySupreme Court of Missouri · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
- Garrett v. CuninghameSupreme Court of Alabama · 1924
- Longshore v. State ex rel. TurnerSupreme Court of Alabama · 1902
- Mobile & Montgomery Railway Co. v. Steiner, McGehee &. Co.Supreme Court of Alabama · 1878
- Taylor v. KolbSupreme Court of Alabama · 1892
4 more not listed; retrieve them via the Exa API.