Converse Bridge Co. v. Collins

• Decision Date: 08 November 1898
• Parties: CONVERSE BRIDGE CO. v. COLLINS ET AL.
• Court: Alabama Supreme Court

24 So. 561

119 Ala. 534

CONVERSE BRIDGE CO. v. COLLINS ET AL.

Supreme Court of Alabama

November 8, 1898

Appeal from circuit court, Geneva county; J. W. Foster, Judge.

Action by B. E. Collins and others against the Converse Bridge Company. There was a judgment for plaintiffs, and defendant appeals. Reversed.

In the complaint the plaintiff was described as follows: "The Steamer Annette, a partnership composed of Green Hinson, B E. Collins, and Jonah Davis." Upon the introduction of all the evidence, the defendant requested the court to give among others, the following written charge to the jury "If the jury believe the evidence, they will find for the defendant." This charge, together with the others requested by the defendant, was refused; and, to the refusal to give each of these charges, the defendant separately excepted. There were verdict and judgment for the plaintiffs. The defendant appeals, and assigns as error the several rulings of the trial court to which exceptions were reserved.

W. O Mulkey, for appellant.

M. E. Milligan and Sallie & Kirkland, for appellees.

BRICKELL C.J.

Appellant defendant in the court below, delivered to the Cleveland, Cincinnati, Chicago & St. Louis Railroad Company, at Columbus, Ohio, two car loads of bridge material, consigned to itself at Eunola, Ala., and paid the full freight charges thereon through to Geneva, Ala., which town is close by Eunola. The goods were received by the railroad company under an agreement, as shown by the bill of lading, to carry them "to the said destination, if on its road, or otherwise to deliver them to another carrier on the road to said destination," and were transported by it to Cincinnati, and there delivered to the Louisville & Nashville Railroad Company, by which company they were carried to Careyville, Fla. At Careyville, appellees, who were common carriers operating a steamboat on the river between Careyville and Eunola, called for the goods, at the request of appellant's agent, who was constructing a bridge at Eunola, and presented the bill of lading, which, as plaintiff testifies, was marked in one place "Prepaid," and in another "Collect," but a copy of which, attached to the deposition of the initial carrier's agent at Columbus, had, plainly written across the face thereof in red ink, only the words, "Prepaid to Geneva, Ala., $164.60. L. B. Cooke, Ag't." The agent of the Louisville & Nashville Railroad Company at Careyville demanded the payment of that road's charges, amounting to $129.86, before delivering the goods to appellee, and the latter, without further inquiry, paid the amount, carried the goods to Eunola, and delivered them to appellant's alleged agent in charge of the construction of the bridge, demanded the repayment of said $129.86, together with the sum of $54.36, their own charges for carrying the goods from Careyville to Eunola. The agent, not knowing that the entire charges from Columbus to Geneva had been prepaid at Columbus, thereupon paid to appellees $125 on account; and, the balance not having been paid, appellees sued to recover the same, together with a separate account of $16 claimed to be due for freight charges on other goods carried by it for appellant on another occasion; and, from a judgment in their favor, this appeal is sued out. Plaintiff, as shown by his own testimony, was a connecting carrier with the Louisville & Nashville Railroad, and had traffic arrangements with that road, under which it was their custom, when the freight charges were prepaid on goods received by them from that road, to deliver the goods to the consignee, and collect their freight charges from the railroad company, and not from the consignee. The waybill sent by the Louisville & Nashville Railroad Company to its agent at Careyville shows that the goods were...