Legal Opinion

Barron v. Mobile & Ohio Railroad

Alabama Court of Appeals

Decided November 16, 1911PublishedCited by 8 opinions

Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by W. B. Barron against tlxe Mobile & Ohio Railroad Conxpany for failure to deliver a carload of lumber. Judgment for defendant^ and plaintiff appeals. The complaint sufficiently appears in the opinion.

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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by W. B. Barron against tlxe Mobile & Ohio Railroad Conxpany for failure to deliver a carload of lumber. Judgment for defendant^ and plaintiff appeals. The complaint sufficiently appears in the opinion. The following are tlie pleas referred to: (1) “That at the time the car of lumber, which is the subject of this suit, was delivered to it by the plaintiff, the defendant was instructed and directed by plaintiff to stop the said car at the mill of the. Harder Planing Company, which was located near the city of Tuscaloosa,…

1Opinion of the Court

db GRAFFENRIED, J.

The plaintiff in the court below brought this action against the Mobile & Ohio Railroad Company to recover damages for failure to safely transport and deliver to J. R. Perkins Lumber Company, at Cairo, 111., a car of lumber. It was un*559controverted that this car of lumber was delivered by the plaintiff to the defendant, as a common carrier, at Brent, Bibb county, Ala., for delivery at Oairo. Upon receipt of this shipment, the transportation company executed and delivered to the consignor its through bill of lading. It was also an admitted fact that this car of lumber was never…

2Cases cited8 opinions

  1. Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
  2. Wright v. StateSupreme Court of Alabama · 1902
  3. Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
  4. Mouton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900
  5. Ala.Great Southern R.R. v. Quarles & CouturieSupreme Court of Alabama · 1906

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

3Cited by8 opinions

  1. W. B. Paterson Lumber Co. v. PatrickSupreme Court of Alabama · 1918
  2. Louisville & Nashville Railroad v. WilliamsAlabama Court of Appeals · 1911
  3. Rice & Lockwood Lumber Co. v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1941
  4. Stamps v. ThomasAlabama Court of Appeals · 1913
  5. Central of Georgia Ry. Co. v. PattersonAlabama Court of Appeals · 1919

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