Cornelius & Co. v. Central of Georgia Ry. Co.
Alabama Court of Appeals
Assumpsit. Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Action by the- Central of Georgia Railroad Company against S. F. Cornelius & Co., to recover undercharge for freight. Judgment for the plaintiff, and the defendant appeals.
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Assumpsit. Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Action by the- Central of Georgia Railroad Company against S. F. Cornelius & Co., to recover undercharge for freight. Judgment for the plaintiff, and the defendant appeals. The following is the agreed statement of facts: “In the above-entitled cause, it is stipulated and agreed as follows: That on or about February 10,1910, a shipment of' oranges was made by H. T. Montgomery & Co., from Mango, Fla., to the defendant at Birmingham, Ala. That said car was delivered to the railroad company in Florida, and the contents…
1Opinion of the CourtThomas, J.
The appeal is by defendant from a judgment of the lower court, sitting without a jury, and which was rendered against him in an action brought against him by plaintiff, the appellee railway company, to recover of him, the defendant, as the consignee of a certain shipment of goods, the difference in amount, which was $35.19, between the lawful freight rate (Central of Ga. Ry. v. Birmingham S. & B. Co., 9 Ala. App. 419, 64 South. 202) on such shipment, and the lesser rate which, at the time of and upon the delivery to the consignee of the shipment, the latter paid, and which the carrier then…
2Cases cited14 opinions
- New York, New Haven, & Hartford Railroad v. York & Whitney Co.Massachusetts Supreme Judicial Court · 1913
- Johnson v. StoneMassachusetts Supreme Judicial Court · 1913
- Central Railroad v. MacCartneySupreme Court of New Jersey · 1902
- Wood v. Brewer & BrewerSupreme Court of Alabama · 1882
- Central of Georgia Railway Co. v. Birmingham Sand & Brick Co.Alabama Court of Appeals · 1913
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3Cited by4 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. GreenbergSupreme Court of Minnesota · 1918
- Reading Co. v. SobelmanSuperior Court of Pennsylvania · 1940
- Davis v. RichardsonSuperior Court of Pennsylvania · 1925
- Louisville N. R. Co. v. A. N. Chappell Co.Alabama Court of Appeals · 1926