Zimmern v. Southern Ry. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County ; Joel W. Goldsby, Judge. Action by Zimmern’s Coal Company against the Southern Railway for conversion of coal in transit. Judgment for the plaintiff for an insufficient amount, and be appeals. The measure of damages was the value of the coal at Pensacola at the time of the conversion, less the freight. 191 N. Y. 392, 84 N. E. 295, 15 L. R. A. (N. S.) 1126, 323 Am. St. Rep. 600; 101 Mo.
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Appeal from Circuit Court, Mobile County ; Joel W. Goldsby, Judge. Action by Zimmern’s Coal Company against the Southern Railway for conversion of coal in transit. Judgment for the plaintiff for an insufficient amount, and be appeals. The measure of damages was the value of the coal at Pensacola at the time of the conversion, less the freight. 191 N. Y. 392, 84 N. E. 295, 15 L. R. A. (N. S.) 1126, 323 Am. St. Rep. 600; 101 Mo. App. 557, 73 S. W. 913; 142 Tenn. 52, 215 S. W. 404; (D. Q.) 252 Fed. 664; 2 Sedgwick on damages, § 844 ; 3 Hutchinson on Carriers, § 1374; Bowers on Conversion, 518.…
1Opinion of the CourtSayre, J.
Appellant brought this action against appellee for the conversion of 648,-834, pounds of coal. Defendant (appellee) admitted the wrong alleged, and damages were assessed for plaintiff (appellant). Assignments of error relate therefore exclusively to those rulings of the trial court which are supposed to have affected the amount of plaintiff’s recovery.
[1, 2] Plaintiff had purchased the coal at the mines in Bibb county, and June 22, 1920, it had been shipped over defendant’s line to him at Pensacola, Fla., where plaintiff was engaged in the business of selling coal for export. Defendant had…
2Cases cited5 opinions
- Johnson v. AllenSupreme Court of Alabama · 1884
- Wallingford v. . KaiserNew York Court of Appeals · 1908
- Mount Vernon Brewing Co. v. TeschnerCourt of Appeals of Maryland · 1908
- Roth Coal Co. v. Louisville & N. R.Tennessee Supreme Court · 1919
- Echols v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
3Cited by7 opinions
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Southern Ry. Co. v. Northwestern Fruit Exch.Supreme Court of Alabama · 1923
- Nashville Broom & Supply Co. v. Alabama Broom & Mattress Co.Supreme Court of Alabama · 1924
- St. Louis & S. F. Ry. Co. v. Georgia, F. & A. Ry. Co.Supreme Court of Alabama · 1925
- McKinney v. BakerSupreme Court of Alabama · 1925
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