Baugh v. McDaniel & Strong
Supreme Court of Georgia
Railroad Companies. Common-carriers. Before Hon. John Collier, Judge pro hao vice. Fulton Superior Court. October Term, 1870. In the winter of 1865, McDaniel consigned two lots of cotton to New York, part of each failed to reach New York and was lost. They sued Baugh, as Superintendent of the Western and Atlantic Railroad. That it failed to reach its destination and was lost, its value, and a demand and refusal to pay for it were shown.
Read the full summary
Railroad Companies. Common-carriers. Before Hon. John Collier, Judge pro hao vice. Fulton Superior Court. October Term, 1870. In the winter of 1865, McDaniel consigned two lots of cotton to New York, part of each failed to reach New York and was lost. They sued Baugh, as Superintendent of the Western and Atlantic Railroad. That it failed to reach its destination and was lost, its value, and a demand and refusal to pay for it were shown. The receipt for the first lot was in the usual form of a receipt by said railroad only, for the cotton “marked (McD & S.) consigned by McDaniel & Strong to A.…
1Opinion of the CourtMcCay, J.
1. Whilst we admit that the Western and Atlantic Bail-road is, by its Superintendent, authorized to bind the State in all matters pertinent to its business as a railroad, yet we *645have great doubts if it was ever contemplated that the Superintendent should have the right to undertake to carry freight or passengers beyond'the line of the road. It might present an awkward question of State rights if such a practice were common. So great a corporation as the State of Georgia might be a very dangerous rival among common-carriers, if such a general power were recognized. For this reason, as well as…
2Cited by2 opinions
- Queen v. Patent Scaffolding Co.Court of Appeals of Georgia · 1933
- Hawley v. ScrevenSupreme Court of Georgia · 1879