Georgia Southern & Florida Railway Co. v. Johnson, King & Co.
Supreme Court of Georgia
Action for damages. Before Judge Felton. Bibb superior .court. April 21, 1904. This case was tried on an agreed statement of facts, from which it appeared that the plaintiffs in the court below filled out duplicate shipping tickets, signed the same, and sent them with shipments of candy to the company’s depot. The contents of the packages were unknown to the carrier, except as indicated by the tickets.
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Action for damages. Before Judge Felton. Bibb superior .court. April 21, 1904. This case was tried on an agreed statement of facts, from which it appeared that the plaintiffs in the court below filled out duplicate shipping tickets, signed the same, and sent them with shipments of candy to the company’s depot. The contents of the packages were unknown to the carrier, except as indicated by the tickets. One of the duplicate receipts signed by the plaintiffs was retained by the company, and the other, signed by its agent, was returned to the plaintiffs. The boxes contained candy, which, under…
1Opinion of the CourtLamar, J.
The word “released,” as used in contracts of shipment, has from usage acquired a well-defined meaning, though .as yet it does not seem to have been judicially construed. No doubt the effect given the term will vary in the different courts, according as the law of the State permits or prohibits contracts against the results of negligence. In this State, where public policy forbids such limitation, the word must be held to mean only that the shipper agrees to relieve from all liability as against which the law allows the carrier to exempt itself by contract. See Cooper v. Raleigh & Gaston R.…
2Cases cited5 opinions
- Cooper v. Raleigh & Gaston RailroadSupreme Court of Georgia · 1900
- Central of Georgia Railway Co. v. Murphey & HuntSupreme Court of Georgia · 1901
- Georgia Railroad & Banking Co. v. KeenerSupreme Court of Georgia · 1894
- Savannah, Florida & Western Ry. Co. v. Sloat Bros.Supreme Court of Georgia · 1894
- Southern Railway Co. v. HornerSupreme Court of Georgia · 1902
3Cited by16 opinions
- The SarniaCourt of Appeals for the Second Circuit · 1921
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Merchants & Miners Transportation Co. v. Moore & Co.Supreme Court of Georgia · 1905
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Central of Georgia Railway Co. v. Chicago Portrait Co.Supreme Court of Georgia · 1905
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