Georgia Southern & Florida Railway Co. v. Marchman
Supreme Court of Georgia
Action for damages. Before Judge Felton. ■ Houston superior court. June 2, 1904. Marchman brought suit against the Georgia Southern and Florida Railway Company, alleging: On January 29, 1902, the railway company contracted with plaintiff to furnish him two cars on the day following, at the 31 mile-post, a shipping point on •the line of its- railway, so that plaintiff could load on the cars and ship 82,600 pounds of cottonseed.
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Action for damages. Before Judge Felton. ■ Houston superior court. June 2, 1904. Marchman brought suit against the Georgia Southern and Florida Railway Company, alleging: On January 29, 1902, the railway company contracted with plaintiff to furnish him two cars on the day following, at the 31 mile-post, a shipping point on •the line of its- railway, so that plaintiff could load on the cars and ship 82,600 pounds of cottonseed. Plaintiff commenced to transport the seed to the point agreed upon, and, finding that the cars were not there, notified the company that he had commenced to deliver the…
1Opinion of the CourtCobb, J.
1. There was no error in overruling the demurrer.. The petition set forth a cause of action, and was not subject to. any of the objections set up in the demurrer.
2, 3. Complaint is made that the court erred in not granting a nonsuit. The evidence authorized the jury to find that while at the mile-post referred to in the petition there was no depot, station, platform, or agent, the company was accustomed to receive freight on a spur-track at that point; that, by an agreement made between the plaintiff and the master of trains of the defendant company, cars were to be placed on the spur-track…
2Cases cited5 opinions
- Southern Express Co. v. NewbySupreme Court of Georgia · 1867
- Carter v. Southern Railway Co.Supreme Court of Georgia · 1900
- Wilson v. Atlanta & Charlotte Railway Co.Supreme Court of Georgia · 1889
- Central Rail Road & Banking Co. v. Hines, Perkins & Co.Supreme Court of Georgia · 1856
- Fleming v. HammondSupreme Court of Georgia · 1855
3Cited by5 opinions
- Atlantic & Birmingham Railway Co. v. Howard Supply Co.Supreme Court of Georgia · 1906
- Southern Railway Co. v. MooreSupreme Court of Georgia · 1910
- Stack v. GudgelSupreme Court of Oklahoma · 1916
- Ethridge v. Central of Georgia Railway Co.Supreme Court of Georgia · 1911
- Horne-Andrews Commission Co. v. Georgia RailroadSupreme Court of Georgia · 1911