Legal Opinion
Roberts v. Georgia Southern & Florida Railway Co.
Court of Appeals of Georgia
Decided November 20, 1911No. 3243PublishedCited by 3 opinions
Action for damages; from city court of Valdosta — Judge Cranford.
1Opinion of the CourtHill, C. J.
1. A stipulation in a contract for the shipment of live stock, requiring that, as a condition precedent to any right to recover damages for loss or injury to said live stock, “written notice of a claim therefor shall be given before said live stock is removed or intermingled with other live stock,” is reasonable and valid. Southern Ry. Co. v. Tollerson, 129 Ga. 647 (59 S. E. 799).
2. This stipulation in the contract may be expressly or impliedly waived by the carrier. Carter v. Southern Ry. Co., 3 Ga. App. 40 (59 S. E. 209); Arnold v. Louisville & Nashville R. Co., 4 Ga. App. 520 (61 S. E.…
2Cases cited5 opinions
- Hill v. Western Union Telegraph Co.Supreme Court of Georgia · 1890
- Bass Dry Goods Co. v. Roberts Coal Co.Court of Appeals of Georgia · 1908
- Carter & Co. v. Southern Railway Co.Court of Appeals of Georgia · 1907
- Southern Railway Co. v. TollersonSupreme Court of Georgia · 1907
- Arnold v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1908
3Cited by3 opinions
- Louisville & Nashville Railroad v. TharpeCourt of Appeals of Georgia · 1912
- Heath v. Sandersville RailroadCourt of Appeals of Georgia · 1919
- Louisville & Nashville Railroad v. Harrell & MurphyCourt of Appeals of Georgia · 1923