Long v. Mobile & Montgomery Railroad
Supreme Court of Alabama
Appeal from the Criminal Court of Butler. Tried before the Hon. W. H. Crenshaw. This action was brought by Isaac Long against the appellee, to recover four barrels of whiskey, which were shipped to the plaintiff from Baltimore, and transported by the defendant, as a common carrier, from Montgomery to Greenville; together with damages for their detention.
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Appeal from the Criminal Court of Butler. Tried before the Hon. W. H. Crenshaw. This action was brought by Isaac Long against the appellee, to recover four barrels of whiskey, which were shipped to the plaintiff from Baltimore, and transported by the defendant, as a common carrier, from Montgomery to Greenville; together with damages for their detention. The plaintiff demanded the goods of the defendant’s agent at Greenville, and offered to pay the freight on them from Montgomery to Greenville ; but the agent refused to deliver them without payment of the entire freight from Baltimore, which…
1Opinion of the CourtBrickell, J.
As a general rule, a common carrier is entitled to a lien for freight upon the goods carried. This lien extends to all the freight upon the goods throughout their transportation, which may be advanced by the last carrier. Redfield on Carriers, 210. A delivery of the goods to the consignee, without exacting payment of the freight, is a waiver of the lien. Ib. 215. Therefore, the carrier may rightfully detain the goods until the payment of freight. In general, the consignor is primd facie liable to the carrier for freight; but an agreement, express or implied, may render the consignee solely,…
2Cited by3 opinions
- Greil Bros. v. City of MontgomerySupreme Court of Alabama · 1913
- Crass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1892
- Gates v. BekinsWashington Supreme Court · 1906