Legal Opinion

Southern Railway Co. v. Harrison

Supreme Court of Alabama

Decided July 1, 1898PublishedCited by 41 opinions

Appeal from Birmingham City Court. Tried before Hon. Wm. W. Wilkerson. The cause of action set up in the complaint, and the facts of the case are shown in the opinion.

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Appeal from Birmingham City Court. Tried before Hon. Wm. W. Wilkerson. The cause of action set up in the complaint, and the facts of the case are shown in the opinion. The defendant filed a plea of the general issue, and a special plea setting up in effect that the contract of shipment urns governed by the Interstate Commerce Act prohibiting common carriers engaged in interstate commerce from charging, demanding, collecting or receiving a greater or less compensation for the transportation of property received for interstate carriage than such as is specified in the published schedule of…

1Opinion of the CourtBrickell, C. J.

On February 20th, 1896, appellant, a common carrier engaged in interstate commerce, *542received from appellee at Atlanta, Georgia, for transportation over its road to Birmingham, Alabama, two carriages of the alleged value of $1,200, and delivered to appellee a bill of lading in which the rate specified was 96 cents per hundred pounds, and the weight, 2,500 pounds, making the aggregate charge $24. Upon the arrival of the carriages in Birmingham a few days later, appellee tendered that amount in payment of the charges, but the appellant refused to accept the tender, or to make delivery of the…

2Cases cited14 opinions

  1. Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
  2. Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
  3. Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
  4. Peet & Co. v. HatcherSupreme Court of Alabama · 1895
  5. Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878

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

3Cited by41 opinions

  1. Southern Express Co. v. OwensSupreme Court of Alabama · 1906
  2. Mobile, Jackson & Kansas City R. R. v. BrombergSupreme Court of Alabama · 1904
  3. United States Fidelity & Guaranty Co. v. SlifkinDistrict Court, N.D. Alabama · 1961
  4. J. R. Watkins Co. v. HillSupreme Court of Alabama · 1926
  5. Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1913

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

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