Gulf Compress Co. v. Alabama Great Southern R. R.
Mississippi Supreme Court
Appeal from the chancery court of Lauderdale county. Hon. Sam Whitman, Jr., Chancellor. Suit by the Gulf Compress Company against the Alabama Great Southern Eailroad Company. From a decree dismissing the bill, complainants appeal. Complainant filed its bill in chancery for an injunction requiring defendant to receive and deliver cotton in carload lots or less at its compress and warehouse.
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Appeal from the chancery court of Lauderdale county. Hon. Sam Whitman, Jr., Chancellor. Suit by the Gulf Compress Company against the Alabama Great Southern Eailroad Company. From a decree dismissing the bill, complainants appeal. Complainant filed its bill in chancery for an injunction requiring defendant to receive and deliver cotton in carload lots or less at its compress and warehouse. It is alleged in the bill .that it had always been the custom for the railroad company to make such deliveries, and to take all cotton offered for shipment, and that the failure of the railroad company now…
1Opinion of the CourtSmith, J.
Where a railroad company furnishes sufficient facilities of its own for the receipt and delivery of-freight, there is at common law no duty resting upon it to receive or deliver freight upon a private siding or spur track.
' Assuming, but not deciding, that ..a custom so to do can arise of such character as to impose this duty upon railroad companies, the evidence in the case at bar is wholly insufficient to establish such a custom. At most, it simply shows that railroad companies do receive and deliver freight upon such spur tracks, but generally, not always, upon a contract or understanding…
2Cited by4 opinions
- Bianchi v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1918
- Fairview Coal Co. v. Arkansas Central Railway Co.Supreme Court of Arkansas · 1923
- Milford Quarry & Construction Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1930
- Yazoo M.V.R. Co. v. UsseryMississippi Supreme Court · 1930