Southern Railway Co. v. Lowe
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Heard before Hou. W. W. Harals'on. Action by W. H. Lowe against the Southern Railway Company, to recover excess of freight paid. Judgment for plaintiff and defendant appeals.
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Appeal from Cherokee Circuit Court. Heard before Hou. W. W. Harals'on. Action by W. H. Lowe against the Southern Railway Company, to recover excess of freight paid. Judgment for plaintiff and defendant appeals. Counsel discuss the 110 Commodity Act, and insist that the carrier had the right to reclassify the material shipped, and to charge the rate fixed by law, and that hence, the court should have directed a verdict for the defendant, but cite no authority in support of their contention. Appellant is bound by the rate fixed by its agent. — So. Ex. Co. v. Boullemet, 100 Ala. 275; So Rkj. v.…
1Opinion of the CourtMayfield, J.
Appellant as a common carrier received and shipped for appellee two cars of blocks of wood. These blocks were from 6 to 15 inches in diameter, and 38 to 42 inches in length. They were blocks sawed from naturally round logs or poles, and were shipped to or consigned to the Attalla Cooperage Company. The blocks were shipped by the appellee to the cooperage company, and were sawed up by this company into boards, and afterwards made into barrel heads. They were sold by the appellee to the cooperage company by the cord, and not as by the foot, as per board or log measure. They were billed and…
2Cases cited4 opinions
- Tallassee Falls Manufacturing Co. v. Western RailwaySupreme Court of Alabama · 1897
- St. Louis & San Francisco R. R. v. Cash Grain Co.Supreme Court of Alabama · 1909
- Southern Express Co. v. Boullemet & PerkinsSupreme Court of Alabama · 1893
- Southern Railway Co. v. Anniston Foundry & Machine Co.Supreme Court of Alabama · 1902
3Cited by5 opinions
- Davis v. StateAlabama Court of Appeals · 1913
- State v. Joe H. Brady & AssociatesSupreme Court of Alabama · 1956
- Monogram Hardwood Co. v. Louisville & Nashville R. R.Alabama Court of Appeals · 1913
- Tuskegee Homes Co. v. OswaltSupreme Court of Alabama · 1946
- Reinschmidt v. Louisville & Nashville RailroadSupreme Court of Florida · 1935