Kavanaugh & Co. v. Southern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Norwood. City court of Savannah. May 28, 1903.
1Opinion of the CourtEvans, J.
Kavanaugh & Company sued the Southern Railway Company, in the city court of Savannah, to recover for damage alleged to have been done to certain apples shipped from County Line, New York, to Savannah, Georgia. The cause of action was based on the statutory liability of the defendant under the Civil Code, § 2298, as the last connecting carrier - receiving the apples “ as in good order.” The defendant pleaded a special contract with the consignor as waiving this statutory liability, and also set up the defense that the statute was repugnant to the clause of the constitution of the United States…
2Cases cited12 opinions
- SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
- Chicago, Milwaukee & St. Paul Railway Co. v. SolanSupreme Court of the United States · 1898
- Jones v. BrimSupreme Court of the United States · 1897
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Kirkland v. . DinsmoreNew York Court of Appeals · 1875
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3Cited by13 opinions
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Pennington & Evans v. Douglas, Augusta & Gulf Railway Co.Court of Appeals of Georgia · 1908
- Hartwell Railway Co. v. KiddCourt of Appeals of Georgia · 1912
- Atlantic Coast Line Railroad v. Thomasville Live Stock Co.Court of Appeals of Georgia · 1913
- Bell Bros. v. Western & Atlantic RailroadSupreme Court of Georgia · 1906
8 more not listed; retrieve them via the Exa API.