Alabama Great Southern R. Co. v. Wood
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; J. C. B. Gwynn, Judge. Action by J. L. Wood against the Alabama Great Southern Railroad Company, to recover money paid for parking cars. It is not necessary, and was not necessary, to file any tariff with the Railroad Commission with respect to parking cars. Elliott on Railroads, §§ 642, 1396; section 5522, Code 1907. The railroad was not acting, as a common carrier in renting parking space. 176 U. S. 498, 20 Sup.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwynn, Judge. Action by J. L. Wood against the Alabama Great Southern Railroad Company, to recover money paid for parking cars. It is not necessary, and was not necessary, to file any tariff with the Railroad Commission with respect to parking cars. Elliott on Railroads, §§ 642, 1396; section 5522, Code 1907. The railroad was not acting, as a common carrier in renting parking space. 176 U. S. 498, 20 Sup. Ct. 385, 44 L. Ed. 560; 117 ü. S. 1, 6 Sup. C't. 542, 628, 29 L. Ed. 791; 228 Ü. S. 177, 33 Sup. Ct. 474, 57 L. Ed. 787; 92 Ala. 296, 8'…
1Opinion of the CourtBricken, P. J.
Appellee Wood, plaintiff in court below, brought suit against appellant railroad company to recover $90 which had been paid by him to the appellant, a common carrier, for “parking” his cars. The cause was tried by the court, without a jury, and was tried upon counts 1, 2, and 3 of the complaint, and pleas 1 and 2 of the defendant. The court rendered judgment for the plaintiff for the amount sued for, and defendant appeals.
The court rendered the judgment upon the theory that the defendant had no authority to collect the money for “parking” the cars, be causo it bad not filed with the Railroad…
2Cases cited1 opinion
- Ex Parte Alabama Great Southern R. Co.Supreme Court of Alabama · 1921