The Birmingham age-herald., 1923-04-27
SOUTHERN WR0NG| IN SEEING COAL. DURING SHORTAGE
Anderson Holds Right "of Shipper Should Be
 Respected
STATE CAPITAL BUREAU l
 THE AGE-HERALD { pufxnn1ery Ala Aurtl S1 l

Railroads pave no right to seixe coal rendered to them for transpor- tation to consi gnees or to apply such coal to their own uses, under a de- cision of the, supreme court Thurs day in the chse of Samuel Zimmern versus the Southern Railway, which came from the Mobile circuit court | During the coal shortage several months ago Alabama railroads di- verted shipments of coal to their own uses, coietending that their sup. plies were not sufficient to maintain their trains.
 Zimmern lest large number of carloads of coal in this way and went into tho courts for relief, con- tending that he had contracted for the disposition of the coal and tha. the railroads had no authority 10 take his pro perty and apply 1t to their own us es. A jury in the Mo- bile circuit court awarded Zimmern a Judgment flor S1,431.79 against the Southern railway, but he appealed to the supreme court and insisted that the Judgment was not sufficient.
 In upholdinag Zimmern's conten- tion, Judge John c. Anderson, chief justice, prepared an opinion In which he held that the practice of the rail- roads was opposed to public policy. If such a custom could govern the shipment of coal it could be estab. lished so as to extend to other goods and commodities" said Chief Justice Anderson. And it would be contrary to public policy to recog.. nze a custo m which would permit public carrier IS to convert to their own use articles they had contracted to deliver by, in effect. stepping into the shoes of the consignee."
 DAMAEEs REDUCED
 Verda E. Turner of Washington Whn recnVprpd judgment for $500 against the Mobile and Ohio hrailroad for an alleged nuisance. ' must accept s1 in full settlement, under decisioB of the supreme court. The. plaintiff alleged that the rail- road dumped creosoted crossties on her property. The trial judge rem dered a judg ment for $500, but tho supreme coult held that only nomi- nal damage could be awarded and reduced the judgment to s1. The husband of the plaintiff declined to permit the railroad to remove the crossties fro1h his wife's property after they had been placed.
 In the casey of John Brown versus the State, which ,,,,. came from the the preme court held that one judge may draw grand and petit juries where there ' are more than one judge. Brow P was convicted of re- ceiving stoleli property and sen He insisted that he was unjustly convicted bds,ause the grand jury which indicted him and the petit jury which convicted him were drawn by tlne judge when both judges shouldi have been present
 The court Fof appeals was unable to agree on :s decision. Judge Sam ford voted tel reverse the case and and could noti take part in the case. Judge BrickeT. voted for affirmance. Judge Merritt was in the hospital The appellate court certified the case to the supreHle court. which upheld sthe contention of Judge Bricken and affirmedl the Judgment of the Montgomery 2ircuit court.
 COKER CASE REMINDED
 Mamie Co1der, who obtained judgment for $500 against her father-in-law,l w. R. Coker. in the Jefferson circmit court, on the alle- eation that he alienated the affec- lions of her h iIsband, must carry the issue to the ltwer court again. Tho supreme coulst Thursday reversed inc lower col,rt and returned the case to Jefferslo on county for another trial. on,o
 The plaintiff sued for s2e,ooo, During the tri al the court permitted inc plaintiff t,A show that her baby died few mkonths after she was senarated fronk her husband. The snnreme court held that this testi- mony was illegAl and tended to pref udice the jury against the defend- ant. affirmed the jI dgment of the Jeff .Serson circuit dourt, which awarded T c. Shirley S300 from the city treasury of Birmingham. Shirley contended that he received personal