Legal Opinion

Southern Express Co. v. Frink

Supreme Court of Georgia

Decided November 15, 1880PublishedCited by 3 opinions

Master and Servant. Principal and Agent. Common Carriers. Damages. Negligence. Charge of Court. Before Judge Pate. Pulaski Superior Court.

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Master and Servant. Principal and Agent. Common Carriers. Damages. Negligence. Charge of Court. Before Judge Pate. Pulaski Superior Court. November Adjourned Term, 1880. To the report contained in the decision it is only necessary to add the following : Frink, who was a conductor on the Hawkinsville branch of the Macon & Brunswick railroad, also accepted employment under the Southern Express Company; his duties were those of a messenger — to carry packages from Cochran to Hawkinsville, and vice versa, etc. He gave a bond to the express'company, the provisions of which are sufficiently stated…

1Opinion of the Court

JACKSON, Chief Justice.

The Southern Express Company brought suit against their agent and the sureties on his bond, to recover three thousand dollars entrusted to him at Cochran for delivery at Hawkinsville, and which he failed to deliver. The jury found for defendants and the company excepted to the refusal of the court to award a new trial.

1. The liability of the agent of the company and his sureties to thecompany turns on the contract between them, and that contract is the bond on which the suit is brought. The counsel for plaintiff in error contended that the liability of the agent is the…

2Cited by3 opinions

  1. Hodges v. MayesSupreme Court of Georgia · 1978
  2. Frink v. Southern Express Co.Supreme Court of Georgia · 1889
  3. Taylor v. JonesCourt of Appeals of Georgia · 1971

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