Southern Express Co. v. Fant Fish Co.
Court of Appeals of Georgia
Trover; from city court of Savannah—Judge Freeman. Octoher 19, 1911. In August, 1910, the Fant Fish Company of Savannah, Ga., wrote the following letter to the agent of the Southern Express-Company in that placej “We desire to put you on notice that we do not want any more of the fish coming to us from Florida points re-iced while in transit. If any are delayed it is not our fault, and your company will have to use their judgment in disposing of them.
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Trover; from city court of Savannah—Judge Freeman. Octoher 19, 1911. In August, 1910, the Fant Fish Company of Savannah, Ga., wrote the following letter to the agent of the Southern Express-Company in that placej “We desire to put you on notice that we do not want any more of the fish coming to us from Florida points re-iced while in transit. If any are delayed it is not our fault, and your company will have to use their judgment in disposing of them. We should have no cause to pay re-icing charges on fish that come to us by express from Florida, when they make the schedule time.” Thereafter…
1Opinion of the CourtBussell, J.
(After stating the foregoing facts.) It appears from the briefs that the court directed a verdict in favor of the plaintiff upon the ground that the icing charges were shown upon separate way-bills, and were not shown upon the way-bill which bore the transportation charges, and that, according to the tariff under which this shipment moved, the icing charges should have been shown upon the original way-bill. There is nothing in the record to indicate that the order directing the verdict was placed upon this ground, but we could not set aside the judgment, even if it was based solely upon that…
2Cases cited7 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Interstate Commerce Commission v. Cincinnati, New Orleans & Texas Pacific Railway Co.Supreme Court of the United States · 1897
- Baltimore & Ohio Railroad v. United States Ex Rel. Pitcairn Coal Co.Supreme Court of the United States · 1910
- Georgia Railroad v. CreetyCourt of Appeals of Georgia · 1909
- Central of Georgia Railway Co. v. WillinghamCourt of Appeals of Georgia · 1911
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3Cited by3 opinions
- Western & Atlantic Railroad v. White Provision Co.Supreme Court of Georgia · 1914
- Baer & Son v. HooksCourt of Appeals of Georgia · 1929
- Gus Datillo Fruit Co. v. Illinois Central RailroadCourt of Appeals of Kentucky (pre-1976) · 1927