Savannah, Griffin & North Alabama Railroad v. Wilcox, Gibbs & Co.
Supreme Court of Georgia
Common carriers. Railroads. Possessory warrant. Before Judge Buchanan. Coweta Superior Court. September Term, 1872. *'Wilcox, Gibbs & Company brought complaint against the Savannah, Griffin and North Alabama Railroad Company, alleging that on November 20th, 1871, at Newnan, in the State of Georgia, plaintiffs delivered to the defendant two bales of cotton, of the value of $500 00, to be transported to the city of Savannah, there to be delivered to the plaintiff; that the…
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Common carriers. Railroads. Possessory warrant. Before Judge Buchanan. Coweta Superior Court. September Term, 1872. *'Wilcox, Gibbs & Company brought complaint against the Savannah, Griffin and North Alabama Railroad Company, alleging that on November 20th, 1871, at Newnan, in the State of Georgia, plaintiffs delivered to the defendant two bales of cotton, of the value of $500 00, to be transported to the city of Savannah, there to be delivered to the plaintiff; that the defendant had failed to transport said cotton to Savannah and to deliver them according to its contract. The defendant…
1Opinion of the Court
McCay, Judge.
1. It is true the text books, including "our Code, do announce that a common carrier can set up no excuse for the loss or destruction of goods but the act of God or the enemies of the State. But this has been always qualified with certain limitations as to when his liability ceases, when he is discharged from further prosecution of his undertaking, as if the owner of the goods himself receives them short of the place of destination, or if they are not delivered by the fault of the owner; or that they have been taken from the carrier by title paramount, and lastly, that they have…
2Cases cited1 opinion
- Bates v. StantonThe Superior Court of New York City · 1852
3Cited by13 opinions
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
- Western and Atlantic Railroad v. Ohio Valley Banking & Trust Co.Supreme Court of Georgia · 1899
- Southern Express Co. v. Sottile Bros.Supreme Court of Georgia · 1910
- Central of Georgia Railway Co. v. EvansSupreme Court of Georgia · 1931
- Woodbury v. Atlanta Dental Supply Co.Court of Appeals of Georgia · 1927
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