Legal Opinion
Cincinnati, New Orleans & Texas Pacific Railway Co. v. Malsby Co.
Court of Appeals of Georgia
Decided July 10, 1918No. 9051PublishedCited by 2 opinions
Certiorari; from-Fulton superior court—Judge Pendleton. June 6, 1917.
1Opinion of the CourtJenkins, J.
1. Since no limitation of time for the bringing of actions by carriers for the collection of freight charges in interstate shipments is prescribed by act of Congress, the statute of limitations of the particular State must govern and control in such cases (South Georgia Railway Co. v. South Georgia Grocery Co., 17 Ga. App. 349, 86 S. E. 939); and since liability of the shipper or the consignee for such charges arises by virtue of an expressed or implied promise to pay, and not merely by operation of law, the law of this State governing the limitation of ' actions under statutory rights (Civil…
2Cases cited4 opinions
- American Sugar Refining Co. v. McGheeSupreme Court of Georgia · 1895
- Seaboard Air-Line Railway v. LukeCourt of Appeals of Georgia · 1916
- Central of Georgia Railway Co. v. Eatonton Lumber Co.Court of Appeals of Georgia · 1914
- South Georgia Railway Co. v. South Georgia Grocery Co.Court of Appeals of Georgia · 1915
3Cited by2 opinions
- Averett v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1924
- Heed v. Dorris & Co.Court of Appeals of Georgia · 1919