Boaz & Co. v. Central Railroad
Supreme Court of Georgia
Railroads. Contracts. Carriers. Negligence. Before Judge Bower. Dougherty superior court. October term, 1890. Reported in the decision.
1Opinion of the Court
Bleckley, Chief Justice.
1. Where parties dealing with each other enter into a lawful contract touching a given transaction, the terms of that contract are the law of the transaction, as between themselves. Their rights and obligations are measured by their own stipulations. Here there was a written contract; tfye animals were shipped at a reduced rate; the owner was allowed free transportation for himself or his agent; and the owner or shipper agreed on his part to assume all risk incident to railroad transportation not occasioned by negligence of the company, and “in case of accidents to or…
2Cases cited2 opinions
- Oxley v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Southwestern Railroad v. ThorntonSupreme Court of Georgia · 1883
3Cited by6 opinions
- Louisville & Nashville Railroad v. Warfield & LeeSupreme Court of Georgia · 1907
- Wernick v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Seaboard & Roanoke Railroad v. Cauthen & TurnerSupreme Court of Georgia · 1902
- Susong v. Florida Central & Peninsular RailroadSupreme Court of Georgia · 1902
- Southern Railway Co. v. TollersonSupreme Court of Georgia · 1910
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