Atlanta & West Point Railroad v. Fairburn Marble Co.
Supreme Court of Georgia
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
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Georgia Southern & Florida Railway Co. v. Johnson, King & Co.Supreme Court of Georgia · 1904
- Central of Georgia Railway Co. v. Murphey & HuntSupreme Court of Georgia · 1901
- Adams Express Co. v. MellichampSupreme Court of Georgia · 1912
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3Cited by2 opinions
- Heath v. Sandersville RailroadCourt of Appeals of Georgia · 1919
- American Railway Express Co. v. BaileySupreme Court of Georgia · 1922