Hurt v. Atlanta, B. & A. Ry. Co.
Alabama Court of Appeals
Appeal from Circuit Court, Talladega County; Hugh D. Merrill, Judge. Action by the Atlanta, Birmingham & Atlantic Railway Company against W. P. Hurt to recover for an undercharge of freight upon a shipment of oranges from Ora, in the state of Florida, to Lineville, in the state of Alabama. Judgment for plaintiff, and the defendant appeals.
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Appeal from Circuit Court, Talladega County; Hugh D. Merrill, Judge. Action by the Atlanta, Birmingham & Atlantic Railway Company against W. P. Hurt to recover for an undercharge of freight upon a shipment of oranges from Ora, in the state of Florida, to Lineville, in the state of Alabama. Judgment for plaintiff, and the defendant appeals. The only reference to the motion to strike count 4 and pleas 8 and 9 is contained in the judgment of the court wherein it is recited: “Whereupon .the defendant moves the court to strike count 4, and this motion to strike count 4 being submitted to the court…
1Opinion of the CourtMerritt, J.
[1] Neither the motion of the defendant to strike count 4 of the complaint nor the plaintiff’s motion to strike defendant’s pleas 8 and 9 appear to have been reduced to writing and filed, so as to become a part of the record, nor are they made a part thereof by bill of exceptions; hence the assignments of error relating to these motions present nothing for review. Southern Ry. Co. v. Freeman, 16 Ala. App. 687, 81 South. 135; Acts 1915, p. 598.
[2] When the tariff or rate for the carriage of goods is fixed and approved by the Interstate Commerce Commission, and published as required by law, the…
2Cases cited6 opinions
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Sovereign Camp, W. O. W. v. WardSupreme Court of Alabama · 1918
- Dickinson v. CunninghamSupreme Court of Alabama · 1903
- L. & N. R. R. v. McMullenAlabama Court of Appeals · 1912
- Williams v. ShowsSupreme Court of Alabama · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Republic Steel Corporation v. GilbertAlabama Court of Appeals · 1955
- W. L. Shepherd Lumber Co. v. Atlantic Coast Line R.Supreme Court of Alabama · 1927
- Hays Cooperage Co. v. Louisville N. R. Co.Alabama Court of Appeals · 1920