Richmond & Danville Railroad v. White & Co.
Supreme Court of Georgia
Carriers. Negligence. Onus. Notice. Charge of court. Before Judge Eve. City court of Richmond county. August term, 1890. White & Company sued the railroad company for failure to deliver goods in good order. The jury found for plaintiff $2,659.50; defendant’s motion for a new trial was overruled, and it excepted.
Read the full summary
Carriers. Negligence. Onus. Notice. Charge of court. Before Judge Eve. City court of Richmond county. August term, 1890. White & Company sued the railroad company for failure to deliver goods in good order. The jury found for plaintiff $2,659.50; defendant’s motion for a new trial was overruled, and it excepted. The motion contained the following grounds: 1. The court charged the jury : “Now, gentlemen, if you are satisfied from the evidence that the damage that occurred to these goods was occasioned by the flood, I charge you that would be the act of God, and if the defendant exercised that…
1Opinion of the Court
Bleckley, Chief Justice.
1. It may be couceded that the weight of authority elsewhere is to the effect that the degree of diligence due from a common carrier in guarding goods against injury by the act of God is not extraordinary but only ordinary. Hutch. on Car. (2d. ed.) §§201, 202; Schouler on Bail. & Car. (2d ed.) §§436, 437. But for us the question is settled by statute. The code, section 2066, reads as follows: “One who pursues the business constantly or continuously for any period of time, or any distance of transpoi'tation, is a common carrier, and as such, is bound to use…
2Cases cited7 opinions
- Richmond & Danville Railroad v. Benson & Co.Supreme Court of Georgia · 1890
- Berry v. Cooper & BoykinSupreme Court of Georgia · 1859
- Central Line of Boats v. LoweSupreme Court of Georgia · 1873
- Hawkins v. HaynesSupreme Court of Georgia · 1883
- Southwestern Railroad v. FelderSupreme Court of Georgia · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Savannah, Florida & Western Railway Co. v. Commercial Guano Co.Supreme Court of Georgia · 1898
- Central Railroad v. HasselkusSupreme Court of Georgia · 1893
- Forrester v. Georgia RailroadSupreme Court of Georgia · 1893
- Henry v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
12 more not listed; retrieve them via the Exa API.