Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.
Court of Appeals of Georgia
Trover; from city court of Bainbridge—Judge Spooner. February 4, 1914. On May 13, 1910, the Blish Milling Company, of Seymour, Indiana, shipped from that place to Bainbridge, Georgia, a car-load of flour, consigned to itself, with order to notify Draper-Garrett Grocery Company. The bill of lading, acknowledging receipt of the flour at Seymour, Indiana, was issued by the Baltimore & Ohio Southwestern Bailway Company.
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Trover; from city court of Bainbridge—Judge Spooner. February 4, 1914. On May 13, 1910, the Blish Milling Company, of Seymour, Indiana, shipped from that place to Bainbridge, Georgia, a car-load of flour, consigned to itself, with order to notify Draper-Garrett Grocery Company. The bill of lading, acknowledging receipt of the flour at Seymour, Indiana, was issued by the Baltimore & Ohio Southwestern Bailway Company. The shipper’s sight draft upon the Draper-Garrett Grocery Company, for $1,109.89, covering the price of the flour and the additional sum of $10 as a carrying charge of five cents…
1Opinion of the CourtRussell, C. J.
(After stating the foregoing facts.) The de*146murrer includes four grounds of objection to the petition, which we shall consider seriatim.
1. In the first ground complaint is made that the city court of Bainbridge “is without jurisdiction of the, subject-matter of the case in question, the cause of action being a contract of bailment, entered into by and between the Blish Milling Company and the Baltimore & Ohio Southwestern Bailway Company.” It is contended that the defendant was not directly connected with the contract, and that the action should have been brought against the initial carrier;…
2Cases cited12 opinions
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- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- Loeb v. StateCourt of Appeals of Georgia · 1909
- Merchants & Miners Transportation Co. v. Moore & Co.Supreme Court of Georgia · 1905
- Erwin v. HarrisSupreme Court of Georgia · 1891
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3Cited by17 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Louisville & Nashville Railroad v. LovelaceCourt of Appeals of Georgia · 1921
- Strickland Transp. Co., Inc. v. American Distributing CoCourt of Appeals for the Fifth Circuit · 1952
- Ward v. Gulf, M. N.R. Co.Court of Appeals of Tennessee · 1938
- Indiana Harbor Belt Railroad v. AlpirnNebraska Supreme Court · 1941
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