Louisville & N. R. v. Kilby Car & Foundry Co.
Supreme Court of Alabama
Appeal from City Court of Anniston; Thomas W. Coleman, Jr., Judge. Suit by the Louisville & Nashville Railroad Company against the Kilby Car & Foundry Company. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals.
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Appeal from City Court of Anniston; Thomas W. Coleman, Jr., Judge. Suit by the Louisville & Nashville Railroad Company against the Kilby Car & Foundry Company. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals. This is a suit by the appellant, Louisville & Nashville Railroad Company, against the Kilby Car & Foundry Company, to recover $785 for money paid by the plaintiff for the use of the defendant on the 14th day of November, 1913. The appeal is from a judgment of the city court of Anniston on demurrer to the complaint and the defendant’s plea to one count of…
1Opinion of the CourtGardner, J.
The foregoing statement of the case suffices for a general outline of the issue presented and determined. As we understand briefs of counsel for the respective parties, the sole question on this appeal is whether or not the Apalachicola Northern Railway Company had filed with the Interstate Commerce Commission a tariff of its charges which governed or authorized storage charges on the ten flat cars which had been shipped to the Florida Timber Products Company, and which were left by .the said railroad on its side tracks on their own wheels for a period of from 70 to 80 days before appellee…
2Cases cited1 opinion
- Central of Georgia Railway Co. v. PattersonAlabama Court of Appeals · 1912