Georgia Railroad v. Gann & Reaves
Supreme Court of Georgia
Railroad. Damages. Negligence. Verdict. Charge of Court. Contracts. Before Judge Pottle. Clarke Superior Court. November Term, 1881. A car load of hay was shipped by Marmaduke & Brown, at St. Louis, Mo., to Gann & Reaves, at Athens, Georgia. As far as Atlanta, Georgia, through rates of freight were charged; from Atlanta to Athens local rates were charged. The hay arrived at its destination by the Georgia railroad, hot, molded and badly damaged.
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Railroad. Damages. Negligence. Verdict. Charge of Court. Contracts. Before Judge Pottle. Clarke Superior Court. November Term, 1881. A car load of hay was shipped by Marmaduke & Brown, at St. Louis, Mo., to Gann & Reaves, at Athens, Georgia. As far as Atlanta, Georgia, through rates of freight were charged; from Atlanta to Athens local rates were charged. The hay arrived at its destination by the Georgia railroad, hot, molded and badly damaged. The consignees refused to receive it from the Georgia railroad, and the company sold it and kept the proceeds. Gann & Reaves brought suit against the…
1Opinion of the Court
Jackson, Chief Justice.
1. The evidence in this case is sufficient to support the verdict. The hay was damaged, and the question was how. Was it done before shipped, or while in the custody of the carrier? The car which contained it leaked ; it was some weeks on its way from St. Louis to Athens, and proof was in to show that this leakage caused the rot which damaged the hay. It is true that there is conflicting testimony as to what caused it, in the opinion of different witnesses, but the jury settled that issue, and it is not our habit to unsettle it.
2. By using the term “ outside ” of the…
2Cases cited1 opinion
- Berry v. Cooper & BoykinSupreme Court of Georgia · 1859
3Cited by7 opinions
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Savannah, Florida & Western Ry. Co. v. Sloat Bros.Supreme Court of Georgia · 1894
- Columbus & Western Railway Co. v. TillmanSupreme Court of Georgia · 1888
- Central of Georgia Ry. Co. v. KavanaughCourt of Appeals for the Fifth Circuit · 1899
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