Birmingham Packing Co. v. Birmingham Belt R. Co.
Supreme Court of Alabama
Appeal from Chancery Court, Jefferson County; A. H. Benners, Chancellor. Bill by the Birmingham Packing Company against the Birmingham Belt Railroad Company. Fl-om a decree sustaining demurrers to the bill, complainant appeals.
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Appeal from Chancery Court, Jefferson County; A. H. Benners, Chancellor. Bill by the Birmingham Packing Company against the Birmingham Belt Railroad Company. Fl-om a decree sustaining demurrers to the bill, complainant appeals. The bill to which demurrers were sustained was in substance as follows: Complainant is a corporation, with its. place of business in Birmingham, Ala., engaged in the packing house and cold storage business, in the prosecution of 'which it is constantly receiving carload lots of cattle, hogs, and other animals for slaughter, together with various other kinds of supplies…
1Opinion of the CourtGardner, J.
The bill showed that complainant’s predecessors (whose rights and interests in the contracts referred to in the statement of the case are owned by it) in consideration of the construction and operation by the respondent of its railroad to their plant, and the agreement in writing fixing a charge of $3 per car for transporting and delivering the same to their (former) said plant, executed a deed to respondent conveying with warranty of title 31/100 of an acre, more or less ; that this agreement was complied with on the part of respondent, and the rate of $3 per car was charged from the time of…
2Cases cited4 opinions
- Eastman v. ParkinsonWisconsin Supreme Court · 1907
- New York Central & Hudson River Railroad v. GraySupreme Court of the United States · 1916
- Seaboard A. L. Ry. Co. v. Anniston Manufacturing Co.Supreme Court of Alabama · 1914
- Metzler v. MetzlerWisconsin Supreme Court · 1907
3Cited by2 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Louisville & N. R. v. Black Creek Coal & Coke Co.Supreme Court of Alabama · 1946