Farmers' Cotton Oil Co. v. Atlanta & St. A. B. Ry. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Houston County ; H. A. Pearce, Judge. Action by the Atlanta & St. Andrews Bay Railway Company against the Farmers’ Cotton Oil Company. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act of April 18, 1911, p. 450.
1Opinion of the CourtMayfield, J.
The action is in trover, by appellee a common carrier, to recover damages for the conversion of freight which had been delivered by it through its own mistake, without actual fraud on the part of appellant. If appellant was guilty of any wrong, it was negligence in.not knowing that the freight delivered did not belong to it, or that the delivery to it was by mistake of the carrier, and in not correcting the mistake. The mistake was not induced by appellant. We do not say that the evidence shows either of these faults on its part, but this is the only fault that the evidence in the slightest…
2Cases cited7 opinions
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Jones v. AndersonSupreme Court of Alabama · 1886
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
- Young v. East Ala. Railway Co.Supreme Court of Alabama · 1885
- Walker v. Louisville & Nashville RailroadSupreme Court of Alabama · 1895
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3Cited by1 opinion
- Jefferson County v. BusbyAlabama Court of Appeals · 1933