Southern Railway Co. v. Lewis
Supreme Court of Alabama
Delay in Delivery of Goods. Appeal from Mobile Circuit Court. Heard before Hou. Samuel B. Browne. Action by James A. Lewis against tbe Southern Railway for damages for delay in delivery of freight.
Read the full summary
Delay in Delivery of Goods. Appeal from Mobile Circuit Court. Heard before Hou. Samuel B. Browne. Action by James A. Lewis against tbe Southern Railway for damages for delay in delivery of freight. Judgment for plaintiff and defendant appeals. — The contract of shipment was a single contract covering the entire movement from Fairford, Alabama, to a point alongside of the vessel Carrie A. Norton, lying at the docks of the M. J. & K. C. Railway, and the custom or usage of delivery became a part and parcel of the original contract of shipment by adding a new term or condition thereto,…
1Opinion of the Court
MAYFIELD, J.-
— The action is one by appellee against appellant to recover damages on account of alleged unreasonable delay in the delivery of a shipment of lumber to plaintiff by defendant, which lumber was to be furnished by him to a third party, under a contract requiring delivery to a schooner, the Carrie A. Norton, under a charter party requiring demurrage of $46 per day.
Among the special damages claimed and recovered, and of which the most serious complaint is made on this appeal, was the demurrage which accrued during this delay, amounting to $391, and interest. The lumber arrived in…
2Cases cited6 opinions
- The Apollon.Supreme Court of the United States · 1824
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Bourland v. Choctaw, Oklahoma & Gulf Railway Co.Texas Supreme Court · 1906
- Hood v. Disston & SonsSupreme Court of Alabama · 1890
- Collins v. StephensSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Southern Metal Treating Co. v. GoodnerSupreme Court of Alabama · 1960
- Cato v. WilliamsonSupreme Court of Alabama · 1923
- Williams v. WiseSupreme Court of Alabama · 1951
- Louisville & Nashville R. R. v. CheatwoodAlabama Court of Appeals · 1915
- Riley v. SrofeAlabama Court of Appeals · 1950
2 more not listed; retrieve them via the Exa API.