Legal Opinion

Butler v. Central of Georgia Railway Co.

Court of Appeals of Georgia

Decided January 28, 1953No. 34359PublishedCited by 14 opinions

1Opinion of the CourtFelton, J.

The question for decision is whether the defendant, under the allegations of the petition, was negligent in not discovering and remedying or informing the consignee or its employees of the dangerous condition of the contents of the freight car. The answer to such question requires an examination of the duty owed by an ultimate or receiving carrier to inspect the contents of a loaded freight car before it is delivered to the consignee.

The ultimate carrier is under the duty to inspect a railroad car it receives in shipment to ascertain whether the car and its unloading devices are reasonably…

2Cases cited5 opinions

  1. Roy v. Georgia Railroad & Banking Co.Court of Appeals of Georgia · 1915
  2. Walker v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1933
  3. Atlanta & West Point Railroad v. SmithCourt of Appeals of Georgia · 1928
  4. Atlanta & West Point Railroad v. CreelCourt of Appeals of Georgia · 1948
  5. Tucker v. Norfolk & Western RailroadSupreme Court of North Carolina · 1927

3Cited by14 opinions

  1. Crockett v. Uniroyal, Inc.Court of Appeals for the Eleventh Circuit · 1985
  2. Yandell v. National Fireproofing Corp.Supreme Court of North Carolina · 1953
  3. Butler v. Norfolk Southern Railway CompanyDistrict Court, E.D. North Carolina · 1956
  4. Seeden v. Great Northern Railway Co.Supreme Court of Minnesota · 1954
  5. Millers Mutual Insurance Association of Illinois v. Southern Railway Corporation, Millers Mutual Insurance Association of Illinois v. Central Soya CompanyCourt of Appeals for the Fourth Circuit · 1973

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