Stewart v. Comer
Supreme Court of Georgia
Action for overcharges. Before Judge Berry. City court of Atlanta. May term, 1896. This suit was brought by the consignee of a shipment of plate giass, against the terminal carrier, for the amount, of an alleged ©verdhlairge of freight, and flor the penalty provided by the act.of 1889. (Acts, p. 136.) The trial court granted a nonsuit, and plaintiff excepted. It appears, that in August, 1893, plaintiff ordered eight plates of glass from ¡New Tort, to be -shipped to Atlanta.
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Action for overcharges. Before Judge Berry. City court of Atlanta. May term, 1896. This suit was brought by the consignee of a shipment of plate giass, against the terminal carrier, for the amount, of an alleged ©verdhlairge of freight, and flor the penalty provided by the act.of 1889. (Acts, p. 136.) The trial court granted a nonsuit, and plaintiff excepted. It appears, that in August, 1893, plaintiff ordered eight plates of glass from ¡New Tort, to be -shipped to Atlanta. They were shipped in two cases, one containing five plates, the other three. The hill of lading named as the rate, if…
1Opinion of the Court
Simmons, Chief Justice.
In fissMng 'the 'Mil ¡of lading -.the carrier reserved an option as to the mode of sMpment, and the price was to-*757be canbrlolled by ftthie method (of 'shipment (adopted. If the plate glass was shipped in a box-car, the price for the ■freight was to be $1.14 per hundred pounds actual weight; .if shipped upon a flat car, the rate was to be 73 cents per .hundred pounds for 10,000 pounds. Three plates of the glass were shipped ion 'a flait ‘car, for which, .'the darrier •charged $73.00; and five plates were shipped in a box-car, for which, tlb'e carrier ichlarged $14.31. It…
2Cases cited1 opinion
- Blitz v. Union Steamboat Co.Michigan Supreme Court · 1883
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- Oden-Elliott Lumber Co. v. Louisville & N. R.Supreme Court of Alabama · 1918
- Oden-Elliott Lumber Co. v. Louisville & N. R.Supreme Court of Alabama · 1918