Pilcher v. Central of Georgia Ry. Co.

• Decision Date: 04 June 1908
• Citation: 46 So. 765,155 Ala. 316
• Parties: PILCHER ET AL. v. CENTRAL OF GEORGIA RY. CO.
• Court: Alabama Supreme Court

46 So. 765

155 Ala. 316

PILCHER ET AL. v. CENTRAL OF GEORGIA RY. CO.

Supreme Court of Alabama

June 4, 1908

Appeal from Circuit Court, Houston County; H. A. Pearce, Judge.

Action by J. M. Pilcher and another against the Central of Georgia Railway Company. From a judgment granting insufficient relief, plaintiffs appeal. Affirmed.

R. D Crawford, for appellants.

Espey &amp Farmer, for appellee.

SIMPSON J.

This action was brought by the appellants against the appellee to recover damages for the negligent delay by the defendant in delivering a car load of stoves, which were received by the defendant as a common carrier at Atlanta, Ga., on the 4th day of September, 1906, to be transported to Taylor, Ala., which said goods reached said Taylor on the 17th of said September. It is claimed in the complaint that three days was a reasonable time within which to carry said goods from Atlanta to Taylor. It is alleged in the complaint that said stoves were of novel form and make; that they were not purchasable anywhere, except at the factory in Atlanta, and there was no market for them at Taylor; that plaintiffs owned three double teams of mules, and hired a driver for each, to be (and were) solely employed in the sale or peddling of the stoves so delivered; that during the time of the delay in the delivering of said stoves said teams and drivers were idle and unemployed; that the expense of feeding the teams was $3.50 per day, and the wages of the drivers $7.50 per day and also that "the defendant, or its agent, or its agent at Taylor, were fully aware and knew that there was no market for said stoves, except as above set out, that plaintiffs were sustaining the expense herein specially claimed, and that said expense was made necessary by the delay in the delivery of the said goods." On motion of the defendant the court struck from the complaint the allegations in regard to the special damages, and a verdict and judgment was rendered for the plaintiffs for $1.

The only evidence was the testimony of the plaintiffs, showing the shipment, the distance from Atlanta to Taylor, 260 miles with three junction points, and the usual time of travel three days; that the stoves were protected by patents; that he bought them at the factory, and that the company did not sell to jobbers, etc., but only to the retail dealer; that witness conducted his business, by loading five stoves on each wagon, on Monday morning, and sending his drivers (who were also salesmen) with them, who traveled from house to house and sold during the week; that said teams and drivers were idle during the delay, at the expense stated; that on September 5, 1906, he notified defendant's agent at Taylor and the agent at Slocomb "of the expense and loss sustained by him during the delay in delivery, and...