Mobile & Ohio Railroad v. Dismukes
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Wii. E. Clarke. This action was brought by H. C. Dismukes against the Mobile & Ohio Bailroad Company, as a common carrier, to recover damages for the defendant’s failure to deliver to him certain goods, of the value of $40.80, which were received by the defendant at Cairo, Illinois, consigned to the defendant at Sunny South, Alabama, a station on the Mobile & Birmingham railroad.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. Wii. E. Clarke. This action was brought by H. C. Dismukes against the Mobile & Ohio Bailroad Company, as a common carrier, to recover damages for the defendant’s failure to deliver to him certain goods, of the value of $40.80, which were received by the defendant at Cairo, Illinois, consigned to the defendant at Sunny South, Alabama, a station on the Mobile & Birmingham railroad. The defendant gave a through bill of lading for the goods, in which the charges for transportation were stated to be $5.44. On the arrival of the goods…
1Opinion of the Court
McCLELLAN, J
— A statute of this State (Code, § 1159) provides, that “Any person or corporation, engaged in the business of transporting passengers or freights over any railroad in this State, who shall exact and receive more than just compensation therefor, or demands more than the rates specified in any bill of lading issued for such freights,..... is guilty of extortion, and is liable to the party injured in double the damages sustained,” &c.
The act of Congress, known as the “Inter-state Commerce Law,” of February 4, 1887, as amended by act approved March 2, 1889, makes it unlawful for any…
2Cases cited1 opinion
- Tracy v. . TalmageNew York Court of Appeals · 1856
3Cited by11 opinions
- Armour Packing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Southern Railway Co. v. HarrisonSupreme Court of Alabama · 1898
- Schaller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- Ches. & Ohio Ry. Co. v. Maysville Brick Co.Court of Appeals of Kentucky · 1909
- Savannah, Florida & Western Railway Co. v. BundickSupreme Court of Georgia · 1894
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