Atlantic Coast Line Railroad v. McBee
Court of Appeals of Georgia
Action for damages; from city court of Valdosta—O. M. Smith, judge pro bac vice. September 16, 1912. This was a suit against the Atlantic Coast Line Bailroad Company, to recover the value of certain lumber, alleged to have been received for shipment by the railroad company, and not delivered, but converted by it.
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Action for damages; from city court of Valdosta—O. M. Smith, judge pro bac vice. September 16, 1912. This was a suit against the Atlantic Coast Line Bailroad Company, to recover the value of certain lumber, alleged to have been received for shipment by the railroad company, and not delivered, but converted by it. The petition, in substance, makes the following case: On October 1, 1907, petitioner delivered to the railroad company, at Kinderlou, Georgia, certain described lumber, consigned to Haskell & Barker Car Company, at Michigan City, Indiana. The railroad company carried the lumber away…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
We think the demurrer should have been sustained. No demand is alleged in the petition, and the facts alleged do not show any conversion of the lumber by the railroad company. Having received the lumber lawfully, to be shipped to Indiana, the defendant, on countermand of the order by the consignee, was not only entitled to be notified of that fact, with direction not to transport it to Indiana, but was also entitled to direction as to what to do with the lumber, which was lawfully in its possession. The general statement in the petition that the defendant…
2Cases cited4 opinions
- Southern Express Co. v. SinclairSupreme Court of Georgia · 1908
- Chambless v. LivingstonSupreme Court of Georgia · 1905
- Loveless v. FowlerSupreme Court of Georgia · 1887
- Phelan v. VestnerSupreme Court of Georgia · 1906
3Cited by8 opinions
- Taylor v. Powertel, Inc.Court of Appeals of Georgia · 2001
- Johnson v. Citimortgage, Inc.District Court, N.D. Georgia · 2004
- American Bank v. Port Orford Cedar Products Co.Oregon Supreme Court · 1932
- Meyer v. HiattCourt of Appeals of Georgia · 1929
- McDonald v. Redding Lumber Co.Court of Appeals of Georgia · 1931
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