Emerson v. Central of Georgia Ry. Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. C. P. McIntyre. Action by the Central of Georgia Railway Company against B. F. Emerson, to recover an undercharge in freight rate. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals under act creating that court.
1Opinion of the CourtThomas, J.
In accordance with the agreement of parties the bill of exceptions on file is hereby established as the bill of exceptions in this cause.
Suit was brought by appellee, Central of Georgia Railway Company, against appellant, as the consignee of a horse shipped over appellee’s road from Clayton to Montgomery, Ala., for an undercharge of freight.
One Smith, of Clayton, bought a horse from Emerson under a sales contract guaranteeing it “to be sound.” This purchaser at Clayton discovered a defect in the horse’s eyes, and subsequently reshipped the animal to Emerson over appellee’s road. When this…
2Cases cited16 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
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3Cited by7 opinions
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- Chicago, Milwaukee & St. Paul Railway Co. v. GreenbergSupreme Court of Minnesota · 1918
- Western Ry. of Alabama v. CollinsSupreme Court of Alabama · 1918
- Ex Parte Alabama Great Southern R. Co.Supreme Court of Alabama · 1921
- Hays Cooperage Co. v. Louisville N. R. Co.Alabama Court of Appeals · 1920
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