Thompson v. Atlantic Coast Line Railroad
Court of Appeals of Georgia
Action for damages; from city court of Thomasville — Judge W. H. Hammond. October 9, 1920. The plaintiff’s petition alleged: (1) The defendant railroad company is a common carrier by railroad, having a line of railroad through an office and agent in said county. (2) Petitioner is a grower of watermelons. (3) During the spring of the year 1920 petitioner grew watermelons for shipment in carload lots, growing them upon his farm near Ochlocknee in said county.
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Action for damages; from city court of Thomasville — Judge W. H. Hammond. October 9, 1920. The plaintiff’s petition alleged: (1) The defendant railroad company is a common carrier by railroad, having a line of railroad through an office and agent in said county. (2) Petitioner is a grower of watermelons. (3) During the spring of the year 1920 petitioner grew watermelons for shipment in carload lots, growing them upon his farm near Ochlocknee in said county. (4) A ventilated car, great numbers of which are and were in use by the defendant railroad company, is the only kind of freight car…
1Opinion of the CourtBroyles, C. J.
1. Although a shipper who has sustained damage by reason of a breach of the common-law duty of a railroad company as a common carrier, to furnish cars for the transportation of freight within a reasonable time, is not prevented by the act of 1907 (Ga. L. 1907, p. 84; Civil Code of 1910, § 2774 et seq.) from instituting a common-law action for damages, instead of pursuing the remedy provided by that act, — touching the failure of a railroad company to furnish cars to a grower of perishable products (Southern Railway Co. v. Moore, 133 Ga. 806, 67 S. E. 85, 26 L. R. A. (N. S.) 851),— yet, where…
Also in this document: Concurrence.
2Cases cited3 opinions
- Southern Railway Co. v. MooreSupreme Court of Georgia · 1910
- Chattanooga Southern Railroad v. ThompsonSupreme Court of Georgia · 1909
- Wadley Southern Railway Co. v. Kent & DownsSupreme Court of Georgia · 1916
3Cited by2 opinions
- Central of Georgia Railway Co. v. Greene & Co.Court of Appeals of Georgia · 1930
- Southwestern Railroad v. DaviesCourt of Appeals of Georgia · 1936