Mobile J. & K. C. R. R. v. Bay Shore Lumber Co.
Supreme Court of Alabama
Appeal from Mobile Latv and Equity Court. Heard before Hon. Saeeold Bbrney. Action by the Bay Shore Lumber Company against the Mobile, Jackson & Kansas City Railroad Company. From a judgment for plaintiff, defendant appeals. Tiie complaint was for the conversation of a lot of lumber, the dimensions of which are set out in the complaint.
Read the full summary
Appeal from Mobile Latv and Equity Court. Heard before Hon. Saeeold Bbrney. Action by the Bay Shore Lumber Company against the Mobile, Jackson & Kansas City Railroad Company. From a judgment for plaintiff, defendant appeals. Tiie complaint was for the conversation of a lot of lumber, the dimensions of which are set out in the complaint. Plea 2, as originally filed, is as follows: “That plaintiff shipped over defendant’s line of railroad, from some point in the state of Mississippi two cars of lumber to the city of Mobile, in the state of Alabama, said lumber being loaded on cars of the…
1Opinion of the Court
McCLELLAN, -J.
Plea 2, as originally filed, and as amended after demurrer sustained, sought to invoke, against a recovery by plaintiff in its action for the conversion by defendant of the lumber described in the complaint, in that it was wrongfully delivered by defendant, a common carrier, to the custody of which for transportation to plaintiff it was committed, an estoppel by act or misrepresentation under a custom known to plaintiff and prevailing between these parties in the delivery of lumber consigned to plaintiff at Mobile. The princi*626pie indicated by our statement is, of course,…
2Cases cited3 opinions
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
- Williams v. McKissackSupreme Court of Alabama · 1899
- Turner v. FlinnSupreme Court of Alabama · 1882
3Cited by16 opinions
- Lawrenceburg Roller Mills Co. v. Chas. A. Jones & Co.Supreme Court of Alabama · 1920
- Green v. Southern States Lumber Co.Supreme Court of Alabama · 1909
- Kilgore & Son v. Shannon & Co.Alabama Court of Appeals · 1912
- Tallassee Falls Mfg. Co. v. First National BankSupreme Court of Alabama · 1909
- Corona Coal & Iron Co. v. BryanSupreme Court of Alabama · 1910
11 more not listed; retrieve them via the Exa API.