Camp Concrete Products v. Central of Georgia Railway Co.

Bell, Chief Judge.

Plaintiff sued the railroad for damages allegedly caused by the negligent delivery of a railroad carload of cement to plaintiffs place of business. Both parties moved for summary judgment. Defendant’s motion was granted and plaintiffs was denied.

The pertinent facts are not in dispute. The defendant delivered a rail carload of fast-setting asbestos type of cement over an unloading pit at the plant of the plaintiff. It was unloaded by plaintiff. This cement was of a type that its use by the plaintiff would have ruined plaintiff s equipment and plant. Plaintiff was then…