Western and Atlantic Railroad v. Ohio Valley Banking & Trust Co.
Supreme Court of Georgia
Action for damages. Before Judge Reid. City court of Atlanta. June 28, 1898. This was a suit against the railroad company for the wrongful conversion of four cars of bulk com. By consent the case-was tried by the judge without the intervention of a jury. A judgment was rendered in favor of the plaintiff. The defendant made a motion for a new trial, the first three grounds of which were that the judgment was contrary to the law and the evidence.
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Action for damages. Before Judge Reid. City court of Atlanta. June 28, 1898. This was a suit against the railroad company for the wrongful conversion of four cars of bulk com. By consent the case-was tried by the judge without the intervention of a jury. A judgment was rendered in favor of the plaintiff. The defendant made a motion for a new trial, the first three grounds of which were that the judgment was contrary to the law and the evidence. The fourth ground was as follows: “The judgment is contrary to this principle of law, to wit: A bill of lading-is not such a negotiable instrument as…
1Opinion of the CourtFish, J.
In the absence of the agreement or custom existing among Waller & Co., the Atlanta Grocery Co., and the Western & Atlantic Railroad Co., the defendant, prior to the issuance of the bills of lading by the Louisville & Nashville Railroad Co., the initial line, it was the duty of the defendant, under the terms of the bills of lading and the way-bills it received with the corn, to safely transport the corn from Chattanooga to Atlanta within a reasonable time, and deliver it at the latter place to the connecting line en route to Charleston, ■there to be delivered to the order of the consignors.…
2Cases cited2 opinions
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- Savannah, Griffin & North Alabama Railroad v. Wilcox, Gibbs & Co.Supreme Court of Georgia · 1873
3Cited by8 opinions
- Albany & Northern Railway Co. v. Merchants & Farmers BankSupreme Court of Georgia · 1912
- Inman & Co. v. Seaboard Air Line Ry. Co.U.S. Circuit Court for the Southern District of Georgia · 1908
- McElveen & Hardage v. Southern Railway Co.Supreme Court of Georgia · 1899
- Perkett v. Manistee & Northeastern RailroadMichigan Supreme Court · 1913
- Atlanta Nat. Bank v. Southern Ry. Co.U.S. Circuit Court for the Northern District of Georgia · 1901
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