Central of Georgia Ry. Co. v. Banks & Fortson
Supreme Court of Georgia
Action for damages. Before Judge Freeman. Muscogee superior court. August 4, 1906. The plaintiffs, Banks & Fortson, delivered to the Louisville & Nashville Bailroad Company a car-load of mules to be shipped from Horse Cove, Ky., to Columbus, Ga., via Birmingham, Ala. The contract of shipment was signed at Horse Cove, Ky., by Lazarus & Altsheler, from whom the plaintiffs purchased the stock.
Read the full summary
Action for damages. Before Judge Freeman. Muscogee superior court. August 4, 1906. The plaintiffs, Banks & Fortson, delivered to the Louisville & Nashville Bailroad Company a car-load of mules to be shipped from Horse Cove, Ky., to Columbus, Ga., via Birmingham, Ala. The contract of shipment was signed at Horse Cove, Ky., by Lazarus & Altsheler, from whom the plaintiffs purchased the stock. Fort-son, a member of the plaintiff’s firm, who was in charge of the mules, arrived in Birmingham in advance of the mules, and immediately called upon the agent of the Central of Georgia Bailway Company at…
1Opinion of the CourtBeck, J.
(After stating the facts.) There are allegations in the petition appropriate to an action seeking to enforce against the defendant a liability under the statute on account of its being the last of a connecting line of carriers, and other allegations appropriate to an action seeking to enforce a common-law liability upon ihe defendant; and as against a general demurrer the allegations sufficiently set forth a good cause of action, either under the common law or under the statute. Such a petition, upon special demurrer pointing ’out the defects, would have been held to be bad for duplicity. But…
2Cited by17 opinions
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- King Hardware Co. v. EnnisCourt of Appeals of Georgia · 1929
- Doyal v. RussellSupreme Court of Georgia · 1936
- Silvertooth v. ShallenbergerCourt of Appeals of Georgia · 1934
- Willis v. HillCourt of Appeals of Georgia · 1967
12 more not listed; retrieve them via the Exa API.