Southwestern Alabama Ry. Co. v. W.C. Maddox & Son

• Decision Date: 20 April 1906
• Parties: SOUTHWESTERN ALABAMA RY. CO. v. W. C. MADDOX & SON.
• Court: Alabama Supreme Court

41 So. 9

146 Ala. 539

SOUTHWESTERN ALABAMA RY. CO. v. W. C. MADDOX & SON.

Supreme Court of Alabama

April 20, 1906

Appeal from Circuit Court, Coffee County; John P. Hubbard, Judge.

"To be officially reported."

Action by W. C. Maddox & Son against the Southwestern Alabama Railway Company. From a judgment in favor of plaintiff defendant appeals. Affirmed.

The witness Smith, answering an interrogatory, said: "I am the treasurer of the Continental Gin Company, and was such on the 9th day of September, 1901. Maddox & Sons purchased a gin outfit from said gin company. My knowledge of this is derived from the papers on file in my office. The machinery consisted of two 50-saw Winship gins, with feeders, one battery condenser, lint and dust flues, one single-box screw press one 9-inch elevator, one 9X16 engine, one 47 X10 tubular boiler, with shafting, pulleys, etc. The machinery was shipped by freight over railroad from Atlanta, Ga., to Maddox & Son, at Brockton, Ala. It was delivered to the Southern Railroad Company, who issued bill of lading therefor. The machinery was not weighed before delivery to the railroad company, but the gin company estimated the weight from its previous knowledge and experience in shipping and handling the same and this estimated weight was inserted in the bill of lading. The estimated weight of the machinery was 22,452 pounds, and in my best judgment that was the approximate weight of the machinery. The freight charges for transporting the machinery from Atlantic to Brockton was 49 cents for each 100 pounds of weight, and an additional $3.20 for advance charges, and this rate of freight was agreed upon and inserted in the bill of lading. I have not the original bill of lading, it having been forwarded to the general freight agent of the Plant System of railway at Savannah, Ga attached to a claim against the Plant System for an overcharge of freight; said overcharge amounting to $89.12. The amount of freight charges, based on the rate and weight and including the advance charges, makes a total of $113.21. I represented plaintiffs by filing claim for the plaintiffs for the total charge in freight, by mailing the claim with the bill of lading attached to the Plant System's general freight agent at Savannah, Ga., on December 16th. On February 25th I wrote Mr. Mengies, and on March 14th I received a reply, and on March 18th I replied to him, and on March 22d I received a reply. Hearing nothing further from him, I wrote him again on May 22d, and had a reply dated May 27th. On July 19th I wrote Mr. Winship. On September 9th...