Legal Opinion
Cherokee Sawmill Co. v. Nashville, Chattanooga & St. Louis Railway
Court of Appeals of Georgia
Decided March 15, 1917No. 7741PublishedCited by 4 opinions
Action for damages; from city court of Floyd county—Judge Nunnally. July 19, 1916.
1Opinion of the CourtBroyles, P. J.
1. A stipulation in a bill of lading issued by a common carrier, that the carrier can not be held liable for any injuries inflicted upon live stock transported by it, unless suit therefor is brought within six months aftér the right of action accrues, is not unreasonable, and is valid and binding. Missouri, Kansas & Texas R. Co. v. Harriman, 227 U. S. 657, 673 (33 Sup. Ct. 397, 57 L. ed. 690, 698); Maxwell v. Liverpool Ins. Co., 12 Ga. App. 127 (76 S. E. 1036).
2. Such a stipulation as is mentioned above takes the place of the statute of limitations and is governed by the same rules; and where…
2Cases cited4 opinions
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Maxwell Bros. v. Liverpool & London & Globe InsuranceCourt of Appeals of Georgia · 1913
- Austin v. RaifordSupreme Court of Georgia · 1881
- Maxwell v. WalshSupreme Court of Georgia · 1903
3Cited by4 opinions
- Gibraltar Fire & Marine Insurance v. LanierCourt of Appeals of Georgia · 1941
- Kilpatrick v. Aetna Insurance CompanyCourt of Appeals of Georgia · 1962
- Southern Express Co. v. OliverCourt of Appeals of Georgia · 1917
- Golden Live Stock Co. v. HinesCourt of Appeals of Georgia · 1921