Southern Express Co. v. Pope
Court of Appeals of Georgia
Action on contract, from city court of Augusta — Judge Eve. November 24, 1908. Mrs. Pope sued tire Express Company for the breach of a contract, in that “on March 16, 1907, the defendant company, in its capacity as a common carrier of goods, received from plaintiff at its office in Augusta, Georgia, a package directed to Mrs. L. Leeds, 591 West 145th Street, New York/ and undertook and agreed to transport said package to its destination — -the express charge thereon having…
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Action on contract, from city court of Augusta — Judge Eve. November 24, 1908. Mrs. Pope sued tire Express Company for the breach of a contract, in that “on March 16, 1907, the defendant company, in its capacity as a common carrier of goods, received from plaintiff at its office in Augusta, Georgia, a package directed to Mrs. L. Leeds, 591 West 145th Street, New York/ and undertook and agreed to transport said package to its destination — -the express charge thereon having been prepaid by plaintiff, but said defendant failed to carry out said contract, and has not yet delivered said package…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
The facts of the present transaction are so very similar to those involved in the case of Southern Express Co. v. Everett, 37 Ga. 691 (s. c. 46 Ga. 303), as to leave little or no reason for any attempt to distinguish them. In that case (46 Ga. 306) the Supreme Court said: “The carrier has a right to know the value of the article he is asked to carry, that he may take the better precaution to prevent persons from stealing it from him, or to prevent its loss from carelessness. An article of small value presents few temptations to the thief. The company may…
2Cases cited14 opinions
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
- Merchants' Cotton Press & Storage Co. v. Insurance Co. of North AmericaSupreme Court of the United States · 1894
- Central of Georgia Railway Co. v. JamesSupreme Court of Georgia · 1903
- Georgia Southern & Florida Railway Co. v. Johnson, King & Co.Supreme Court of Georgia · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- Stoddard v. CampbellCourt of Appeals of Georgia · 1921
- Griffin Hosiery Mills v. United Hosiery MillsCourt of Appeals of Georgia · 1923
- Groover v. Savannah Bank & Trust Co.Supreme Court of Georgia · 1938
- City of Atlanta v. DueCourt of Appeals of Georgia · 1931
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