Monogram Hardwood Co. v. Louisville & Nashville R. R.
Alabama Court of Appeals
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by-tlie Monogram Hardwood Company against the Louisville & Nashville Railroad Company, for damages for failure to deliver certain freight, and for a conversion. Judgment for defendant and plaintiff appeals.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by-tlie Monogram Hardwood Company against the Louisville & Nashville Railroad Company, for damages for failure to deliver certain freight, and for a conversion. Judgment for defendant and plaintiff appeals. The only question to be determined on this appeal under the agreed statement of facts is whether the shipment should be classified as logs as contended by the plaintiff, or as cord-wood as contended by defendant. Unquestionably, the shipment was that of logs. — Buclcholder v. Union T. Co.,. 82 Mo. 572; Kallooh v.…
1Opinion of the CourtPelham, J.
The only substantial question presented on this appeal is the proper classification of a shipment consisting of two car loads of hickory delivered to the defendant common carrier (appellee) at Verbena, Ala., for transportation over the defendant’s line of railroad to the appellant as consignee at Montgomery, Ala. The appellant, the consignee, insisted with the carrier, after the goods had reached their destination at Montgomery, that the shipment should be classed as “logs” and that the statutory rate applicable to this class of freight (i. e., logs) was the proper charge for carriage, and…
2Cases cited4 opinions
- Mobile Dry Docks Co. v. City of MobileSupreme Court of Alabama · 1906
- Mayor of Wetumpka v. WinterSupreme Court of Alabama · 1857
- Preist v. StateAlabama Court of Appeals · 1912
- Southern Railway Co. v. LoweSupreme Court of Alabama · 1910
3Cited by6 opinions
- Cumbo v. StateCourt of Criminal Appeals of Alabama · 1978
- O'BAR v. Town of Rainbow CitySupreme Court of Alabama · 1959
- State v. Joe H. Brady & AssociatesSupreme Court of Alabama · 1956
- C. M. McMahen & Sons v. Louisville & N. R.Alabama Court of Appeals · 1925
- Rudolph v. GwinSupreme Court of Alabama · 1988
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