Northern Alabama Railway Co. v. Wilson Mercantile Co.
Alabama Court of Appeals
Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by the Northern Alabama Railway Company against the Wilson Mercantile Company. From a judgment for defendant, plaintiff appeals.
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Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by the Northern Alabama Railway Company against the Wilson Mercantile Company. From a judgment for defendant, plaintiff appeals. The suit was to recover $19.59 on a car load of wagons from Racine, Wis., to Russellville, Ala., on October 24, 1907, the published rate being 57 cents per 100 pounds, anti that the car was billed at its minimum weight of 25,000 pounds, making the freight on said car load of wagons between said two points $142.50; that defendant paid on said freight bill on November 1, 1907, $135.41, and on or…
1Opinion of the Court
PELHAM, J. —
The evidence without conflict shows that the amount the appellant as a common carrier brought suit to recover of the appellee represented the difference between the amount paid by the appellee as the consignee, and accepted by the appellant, for freight on a certain shipment at the rate charged and collected at the time, and the sum due as a proper freight charge, based on the rates shown in the schedule of rates filed ■with the Interstate Commerce Commission in force at ■the time the shipment was made. It is not contended but that the applicable published legal rate, according to…
2Cases cited11 opinions
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- Texas & Pacific Railway Co. v. Cisco Oil MillSupreme Court of the United States · 1907
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- United States v. MillerSupreme Court of the United States · 1912
- Caruthers v. Mardis' adm'rsSupreme Court of Alabama · 1842
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- Nance v. CountessAlabama Court of Appeals · 1918
- Hays Cooperage Co. v. Louisville N. R. Co.Alabama Court of Appeals · 1920
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