Central of Georgia Ry. Co. v. Kavanaugh
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Georgia. Kavanaugh & Brennan shipped a car load of bananas from Savannah to Chattanooga.
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Appeal from the Circuit Court of the United States for the Southern District of Georgia. Kavanaugh & Brennan shipped a car load of bananas from Savannah to Chattanooga. The car was delayed in transit, and the bananas deteriorated, whereupon Kavanaugh & Brennan intervened in the main suit (the Central Railroad & Banking Company of Georgia against the Farmers’ Loan & Trust Company), against the receivers of the Central Railroad & Banking Company of Georgia, for damages for the delay to the shipment of bananas. The shipment was made via the Central Railroad, from Savannah to Atlanta, and thence…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). The contract of transportation in this case stipulates for a through carriage of goods. It is styled at its head “Through Bill of Lading.” It contracts for the delivery of the goods at Chattanooga, their destination, and stipulates for a through rate of freight, and, in terms, attempts to limit the carrier’s liability, except on its own lines, as follows:
“Kach carrier shall be bound (subject to the limitations and exceptions contained in this contract) to deliver said goods in the same order and condition as that in which it received them; and the ultimate…
2Cases cited12 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Chicago, Milwaukee & St. Paul Railway Co. v. SolanSupreme Court of the United States · 1898
- Myrick v. Michigan Central RailroadSupreme Court of the United States · 1883
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3Cited by1 opinion
- Atchison, Topeka & Santa Fe Railway Co. v. RodgersNew Mexico Supreme Court · 1911