Southern Railway Co. v. Anniston Foundry & Machine Co.
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. James "W. Lapsley. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Anniston. Tried before the Hon. James "W. Lapsley. The facts of the case are sufficiently stated in the opinion. Where a local agent of a common carrier, without authority, issues a bill of lading fixing a lower rate than that which he is authorized to charge, and where the shipper is aware that the rate fixed is incorrect, and that the agent is without authority to grant the same, the carrier has. the right to correct the bill of lading, or to require the shipper to pay the true amount. — So. By. Go. v. Harrison, 119 Ala. 539; If. & O. R. R. Go. v. JHs-mukcs, 94…
1Opinion of the CourtDowdell, J.
This suit was commenced by the appellee in the justice court against the appellant, railroad company, to recover damages for overcharges on two carload 'shipments of coal from Blossburg to Anniston, Ala., consigned to appellee. A judgment ivas rendered by the justice in favor of the plaintiff, from which the defendant appealed to the city court of Anniston, where the cause was tried by that court without a jury, de novo on the merits, and a judgment rendered for the plaintiff.
The complaint contained four counts. The first claimed for money paid at the request of the defendant, the second and…
2Cases cited3 opinions
- Mobile & Montgomery Railway Co. v. Steiner, McGehee &. Co.Supreme Court of Alabama · 1878
- Louisville & Nashville Railroad v. FulghamSupreme Court of Alabama · 1890
- Southern Express Co. v. Boullemet & PerkinsSupreme Court of Alabama · 1893
3Cited by2 opinions
- Southern Railway Co. v. LoweSupreme Court of Alabama · 1910
- Illinois Manufacturers' Ass'n v. Chicago Telephone Co.Illinois Circuit Court · 1902