L. & N. R. R. v. McMullen
Alabama Court of Appeals
Appeal from Butler Circuit Court. Heard before Hon. A. E. Gamble. Action by the L. & N. R. R. Co. against John S. McMullen, to recover freight charges. Judgment for defendant and plaintiff appeals.
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Appeal from Butler Circuit Court. Heard before Hon. A. E. Gamble. Action by the L. & N. R. R. Co. against John S. McMullen, to recover freight charges. Judgment for defendant and plaintiff appeals. The Interstate Commerce Commission, the Supreme Court of the United States, and the Supreme Court of Alabama, all agree that a shipper is liable, and must pay the lawful charges upon shipment, even though a lower rate may have been quoted him by an authorized agent of the carrier for such shipment, where it is interstate. —12 Int. Com. Rep. 118; So. Ry.. v. Harrison, 21 South. 552; Armour P. Go. v.…
1Opinion of the Court
de GRAFFENRIED, J. —
1. The appellee, desiring tq/háve 250 crates of oranges, weighing 80 pounds each, of id the aggregate 20,000 pounds, shipped to him from Orlando, Fla., to Greenville, Ala., applied to the general freight agent of the appellant for information as to the freight rates on said oranges from Orlando to Green-ville. The general freight agent replied that the rate was 75 cents per hundred, or, in the aggregate^ $150; Thereupon the appellee, relying upon the statement of said agent as to the freight rates, ordered the oranges. They were shipped to him, and the Seaboai’d Air Line…
2Cases cited4 opinions
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Texas & Pacific Railway Co. v. Cisco Oil MillSupreme Court of the United States · 1907
- Southern Railway Co. v. HarrisonSupreme Court of Alabama · 1898
3Cited by10 opinions
- Central of Georgia Railway Co. v. Birmingham Sand & Brick Co.Alabama Court of Appeals · 1913
- T. R. Miller Mill Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1921
- Hughes Transp., Inc. v. United StatesUnited States Court of Claims · 1954
- Central of Georgia Ry. Co. v. Southern Ferro Concrete Co.Supreme Court of Alabama · 1915
- Birmingham Water Works Co. v. BrownSupreme Court of Alabama · 1914
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