Legal Opinion

Allen v. Southern Railway Co.

Court of Appeals of Georgia

Decided December 15, 1924No. 15453PublishedCited by 13 opinions

1Opinion of the CourtJenkins, P. J.

1. “The consignee of property delivered by another to a common carrier for shipment is presumed to be the owner, and presumptively a right of action exists in his favor for any injury or damage to the property in transit; but the presumption that the consignee is the owner may be rebutted, and where it appears that the consignee has no general or special property in the goods shipped, and incurs no risk in their being transported, he can not maintain an action ex delicto for the loss of, or for any damage to the property. . . Where the consignor makes a contract with a common carrier for the…

2Cases cited18 opinions

  1. Rast v. Van Deman & Lewis Co.Supreme Court of the United States · 1916
  2. Miller & Co. v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1891
  3. Atlas Assurance Co. v. KettlesSupreme Court of Georgia · 1915
  4. Richmond & Danville Railroad v. White & Co.Supreme Court of Georgia · 1892
  5. Brown Store Co. v. Chattahoochee Lumber Co.Supreme Court of Georgia · 1905

13 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Colonial Lincoln-Mercury Sales, Inc. v. MolinaCourt of Appeals of Georgia · 1979
  2. Staten v. General Exchange InsuranceCourt of Appeals of Georgia · 1928
  3. Electro-Medical Devices, Inc. v. Urban Medical Services, Inc.Court of Appeals of Georgia · 1976
  4. Marco Publications, Inc. v. Southern Airways, Inc.Court of Appeals of Georgia · 1976
  5. Comer v. Rome Chevrolet Co.Court of Appeals of Georgia · 1930

8 more not listed; retrieve them via the Exa API.

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