Legal Opinion

Louisville & Nashville Railroad v. Burns

Court of Appeals of Georgia

Decided April 24, 1911No. 2827PublishedCited by 4 opinions

Action for damages; from city court of Washington — Judge Wynne. July 11, 1910.

1Opinion of the CourtRussell, J.

When this ease was 'previously before this court (Burns v. Louisville & Nashville Railroad Co., 6 Ga. App. 614, 65 S. E. 582) only one question was considered. This court held that the failure to deliver the shipment at destination in good order was not only a breach of the contract of carriage, but also a breach of the carrier’s public duty, each and both theoretically located at the place of performance, and that therefore the court erred in holding that it had no jurisdiction of the complaint. It appears, from the evidence in the present record, that Burns delivered to the Wabash Railroad…

2Cases cited4 opinions

  1. Forrester v. Georgia RailroadSupreme Court of Georgia · 1893
  2. Western & Atlantic Railroad v. Exposition Cotton MillsSupreme Court of Georgia · 1888
  3. Susong v. Florida Central & Peninsular RailroadSupreme Court of Georgia · 1902
  4. Burns v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1909

3Cited by4 opinions

  1. Hartwell Railway Co. v. KiddCourt of Appeals of Georgia · 1912
  2. Adair v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1918
  3. Louisville & Nashville Railroad v. BurnsCourt of Appeals of Georgia · 1913
  4. Atkinson v. CookCourt of Appeals of Georgia · 1913

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