Louisville & Nashville R. R. v. Barkhouse
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. This was an action of trover brought by M. W. Barkhouse, against the Louisville & Nashville Railroad Company, and Chandler Bros.; and sought to recover damages for the wrongful conversion of certain property described in the complaint. There was judgment for the plaintiff against the Louisville & Nashville Railroad Company, and the appeal is taken by it.
Read the full summary
Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. This was an action of trover brought by M. W. Barkhouse, against the Louisville & Nashville Railroad Company, and Chandler Bros.; and sought to recover damages for the wrongful conversion of certain property described in the complaint. There was judgment for the plaintiff against the Louisville & Nashville Railroad Company, and the appeal is taken by it. The evidence was uncontroverted that the plaintiff delivered to the L. & N. Railroad Co. at Louisville, certain articles which had been consigned by bill of…
1Opinion of the CourtMcCLELLAN, J.
A bill of lading does not pass by delivery, and the possession of it by one other than the consignee, without endorsement, will not authorize or justify the carrier in delivering the consignment to such person, Hutcheson on Carriers § 344; 2 Am. & Eng. Encyc. of Law, 241
The obligation to deliver only to the party having title to the bill of lading is imposed by law on the carrier, and is absolute. Any custom of a particular carrier, or %of carriers generally at a particular place, to make deliveries to persons merely in possesion of the bill of lading is a bad custom, and cannot be adduced in…
2Cases cited2 opinions
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Bullard v. YoungSupreme Court of Alabama · 1830
3Cited by8 opinions
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1918
- Seaboard Air Line Railway v. PhillipsCourt of Appeals of Maryland · 1908
- Byrd v. BeallSupreme Court of Alabama · 1907
- Adrian Knitting Co. v. Wabash Railway Co.Michigan Supreme Court · 1906
- Zimmern's Coal Co. v. Louisville & Nashville R. R.Alabama Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.