Legal Opinion

Atlanta & West Point Railroad v. Fairburn Marble Co.

Supreme Court of Georgia

Decided August 21, 1916PublishedCited by 2 opinions

Action for damages. Before Judge Ellis. Campbell superior court. September 1, 1915.

1Opinion of the CourtLumpkin, J.

The Fairburn Marble Company recovered a verdict against the Atlanta and West Point Eailroad Company. A motion for a new trial was overruled, and the defendant excepted.

1. While there is conflict in authority as to the power of a common carrier, by agreement with a shipper, to limit its liability in a case of damages caused by its negligence, in this State a contract to limit the liability of a common carrier for the results of its negligence is held to be contrary to public policy, and invalid. Such a limitation can not be effected either by a direct contract in terms to limit liability, so…

2Cases cited8 opinions

  1. Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
  2. Southern Express Co. v. HanawSupreme Court of Georgia · 1910
  3. Georgia Southern & Florida Railway Co. v. Johnson, King & Co.Supreme Court of Georgia · 1904
  4. Central of Georgia Railway Co. v. Murphey & HuntSupreme Court of Georgia · 1901
  5. Adams Express Co. v. MellichampSupreme Court of Georgia · 1912

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3Cited by2 opinions

  1. Heath v. Sandersville RailroadCourt of Appeals of Georgia · 1919
  2. American Railway Express Co. v. BaileySupreme Court of Georgia · 1922

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