Legal Opinion

Greek-American Produce Co. v. Illinois Central R. R.

Alabama Court of Appeals

Decided May 9, 1912PublishedCited by 10 opinions

Appeal, from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by the Greek-American Produce Company against the Illinois Central Railroad Company, for damages for delay in delivering goods. Judgment for defendant and plaintiff appeals.

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Appeal, from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by the Greek-American Produce Company against the Illinois Central Railroad Company, for damages for delay in delivering goods. Judgment for defendant and plaintiff appeals. The liability as carrier continued because the carrier failed to comply with the requirements of Sections 5604-5 and 5626, Code 1907, and hence, the court was in error in giving the charge complained of. — Colimé v. A. C-. £., 16 South. 140, and cases there cited; L. & N. v; Oden, 80 Ala. 38. The court erred in refusing the charge requested by…

1Opinion of the Court

de GRAFFENRIED, J.

The appellant brought this suit against appellee to recover damages because of an alleged delay by the appellee in delivering to the appellant a car load of grapes, which were shipped from Werby, Mich., to T. O. Milton, at Birmingham, Ala. Milton was the agent of appellant, and the car load of grapes belonged to appellant, and were ordered by Milton for appellant; but these facts were not known to appellee. Milton’s business office adjoined that of appellant in the same building; and during the period covered by this controversy Milton was in Birmingham and at his usual…

2Cases cited9 opinions

  1. United States v. KirbySupreme Court of the United States · 1869
  2. Jones v. StateSupreme Court of Alabama · 1911
  3. Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1883
  4. Grooms v. HannonSupreme Court of Alabama · 1877
  5. Western Ry. v. HartSupreme Court of Alabama · 1909

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3Cited by10 opinions

  1. Locklear v. StateCourt of Criminal Appeals of Alabama · 1973
  2. Lash v. StateSupreme Court of Alabama · 1943
  3. Lash v. StateAlabama Court of Appeals · 1943
  4. State v. BallardCourt of Criminal Appeals of Alabama · 1976
  5. United States Fidelity & Guaranty Co. v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1933

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