Logan v. Mobile Trade Co.
Logan v. Mobile Trade Co.
Opinion of the Court
This case depends upon the construction
“Jewett, Hall & Co.,
“Produce and Commission Merchants,
“No. 22 South Main street, (Merchants’ Exchange Block,)
“St. Louis, Missouri.
“Shipped, in good order and condition, by Jewett, Hall
& Co.,- — —--(on account and risk of whom it may
concern,) on board the good steamboat called the Yirginia
and Mobile Trade Company, whereof---is master,
for the present voyage, now lying at the port of St. Louis, Mo., and bound for Montgomery, Ala., the following packages or articles marked and numbered as below, which are to be delivered, without delay, in like good order and condition, at the aforesaid port, (the damages of the river, fire, and unavoidable accident, only excepted) unto Rufus L. Logan or his or their assigns, he or they paying freight for said goods, at the rate of 30 cents per 100 lbs. to New Orleans, $1.98 per bbl. flour through, and $6.35 per cask, $3.15 per tierce bacon, and 93 cents per box crackers, thence to Montgomery.
“In witness whereof the owner, master or clerk of said steamboat subscribes to four bills of lading, all of this tenor and date, one of which being accomplished, the others stand void.
“Dated at St. Louis, Mo., the 2d day of October, 1866.
R. T. L.
Wetumpka,
Ala.
Logan,
Wetumpka,
Ala.
■ Articles. Weight.
1 cask sides, 1052
1 tierce hams, ' 476
8 boxes crackers, 309
100 bbls. flour (various brands.) Privilege of re-shipping, at New Orleans and Mobile. Jewett, Hall & Co., Agt’s, M. T. Co.
“It is understood and agreed that the above goods are to be sent through at above rates, if any boats are going through to Wetumpka.
Jewett, Hall & Co., Ag’ts Mobile Trade Co.
The charge of the court below is hostile to this construction of the contract or affreightment contained in the bill of lading. In this the learned judge erred.
The court also erred in refusing to give the first charge asked by the plaintiff in the court below. There was some testimony tending to prove the facts on which it was based. That this testimony was very weak, or was contradicted by other evidence before the jury, did not justify the court in refusing a proper charge based upon it. No charge is abstract when there is the slightest testimony to support it. The court cannot judge of this. It must be left to the jury, upon a proper charge of the law from the court. — Partridge v. Forsyth, 29 Ala. 200 ; 28 Ala. 236. The charge here asserted a correct legal proposition, and should have been given. It was, therefore, error to refuse it.
It is probable that the question raised upon the second charge asked by the plaintiff below, and refused by the court, may not again arise upon a new trial. Its discussion is, therefore, omitted.
Eor the errors above pointed out, the judgment of the court below is reversed, and the cause is remanded for a new trial.
Reference
- Full Case Name
- LOGAN v. THE MOBILE TRADE COMPANY
- Status
- Published