Western Ry. of Alabama v. Collins
Supreme Court of Alabama
Appeal from Circuit Court, Hale County; B. M. Miller, Judge. Action by the Western Railway of Alabama against J. W. Collins, Jr. From a judgment for defendants, plaintiff appeals.
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Appeal from Circuit Court, Hale County; B. M. Miller, Judge. Action by the Western Railway of Alabama against J. W. Collins, Jr. From a judgment for defendants, plaintiff appeals. Transferred from Court of Appeals under section 6, p. 449, Act of April 18, 1911. The case made on the appeal is well stated by appellant' as follows: “This was a suit brought in the justice of the peace court, Gallion precinct, in Hale county, Alabama, by the appellant against the appellee, for the sum of $7.60, and interest, growing out of an undercharge on an interstate shipment of freight. Appellee, on , or…
1Opinion of the CourtMayfield, J.
[1] There is no doubt that appellee or Scott, one or both, are liable to appellant for the'amount sued for; it being the difference between the amount collected as freight, and the amount fixed by the federal statutes and the Interstate Commerce Commission, which is the legal rate. Emerson v. Central of Georgia Railway Co., 196 Ala. 280, 72 South. 120, L. R. A. 1916F, 120.
In the case of Southern Railway Co. v. Harrison, 119 Ala. 539, 24 South. 552, 43 L. R. A. 385, 72 Am. St. Rep. 936, the Supreme Court, through Brickell, C. J., said that a contract for the transportation of an interstate…
2Cases cited7 opinions
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Southern Railway Co. v. HarrisonSupreme Court of Alabama · 1898
- Central of Georgia Railway Co. v. Birmingham Sand & Brick Co.Alabama Court of Appeals · 1913
- Yazoo & M. V. R. v. ZemurrayCourt of Appeals for the Fifth Circuit · 1917
- L. & N. R. R. v. McMullenAlabama Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cleveland C., C. & St. L. Ry. Co. v. Southern Coal & Coke Co.Tennessee Supreme Court · 1922
- Southern Bell Telephone & Telegraph Co. v. Louisiana Public Service CommissionSupreme Court of Louisiana · 1935
- Nashville, C. & St. L. Ry. Co. v. GilliamSupreme Court of Alabama · 1924
- Mobile & Ohio Railroad v. Laclede Lumber Co.Missouri Court of Appeals · 1919
- New York, New Haven, & Hartford Railroad v. TonellaSupreme Court of New Hampshire · 1920
4 more not listed; retrieve them via the Exa API.