Legal Opinion

Gulf City Construction Co. v. Louisville & Nashville Railroad

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 12 opinions

Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. The Louisville & Nashville Railroad Company transported freight consisting of rails, spikes, etc., consigned to the Gulf City Construction Co. On arrival of the freight at Mobile, the point of destination, notice of arrival was given to the consignee, which notice consisted of a duplicate of the freight bills.

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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. The Louisville & Nashville Railroad Company transported freight consisting of rails, spikes, etc., consigned to the Gulf City Construction Co. On arrival of the freight at Mobile, the point of destination, notice of arrival was given to the consignee, which notice consisted of a duplicate of the freight bills. The consignee complained to the railroad company that the freight charges were excessive, and the agent of the railroad company promised to adjust the matter at once. The correction of the freight bills…

1Opinion of the CourtTyson, J.

— The appellant by this suit sought to recover of the defendant three hundred and eighty dollars which it paid to defendant for car service. It appears without dispute that the plaintiff had notice of the arrival of the steel rails, bars and spikes transported by the defendant and knew of the rule of the Oar Service Association requiring the defendant to make a charge for this car service, in the event the freight was not taken or received by plaintiff within forty-eight hours after such notice. It is also undisputed that these notices were copies of the freight bills and there was an error…

2Cases cited8 opinions

  1. Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
  2. Mobile & Montgomery Railway Co. v. Steiner, McGehee &. Co.Supreme Court of Alabama · 1878
  3. Bragg v. PattersonSupreme Court of Alabama · 1887
  4. Comer v. BankheadSupreme Court of Alabama · 1881
  5. Drake v. Elewellen & Co.Supreme Court of Alabama · 1858

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Crim v. Louisville N. R. R. Co.Supreme Court of Alabama · 1921
  2. Cassimus v. Vaughn Realty Co.Supreme Court of Alabama · 1928
  3. Kremer v. LewisSupreme Court of Minnesota · 1917
  4. Hurford v. NorvallSupreme Court of Oklahoma · 1913
  5. Dobell v. KochOhio Court of Appeals · 1921

7 more not listed; retrieve them via the Exa API.

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