Henry v. Central Railroad & Banking Co.
Supreme Court of Georgia
Carriers. Evidence. Damages. Amendment. Non-suit. Before Judge Miller. City court of Macon. Septembr term. 1891. The action was by Henry against the Central Railroad and Banking Company of Georgia, for $400 damages to a cáf-load of fresh meat. The court granted a nonsuit, and th'e. plaintiff' excepted. The evidence shows the following facts : The plaintiff purchased from the Armour-Cuddahy Packing Company a car of dressed cattle, sheep and hogs.
Read the full summary
Carriers. Evidence. Damages. Amendment. Non-suit. Before Judge Miller. City court of Macon. Septembr term. 1891. The action was by Henry against the Central Railroad and Banking Company of Georgia, for $400 damages to a cáf-load of fresh meat. The court granted a nonsuit, and th'e. plaintiff' excepted. The evidence shows the following facts : The plaintiff purchased from the Armour-Cuddahy Packing Company a car of dressed cattle, sheep and hogs. The meat was in good condition when the car was loaded. It was shipped from South Omaha, Nebraska, on Mai’ch 20, 1889, consigned to the plaintiff' at…
1Opinion of the Court
*815 Judgment reversed.
The evidence further disclosed that the meat which went to Brunswick was intended for one Baumgartner, on whom the plaintiff drew with bill of lading for the whole amount, before the car reached there. Baumgartner paid plaintiff the amount of the draft, and plaintiff had not refunded the amount to him. Counsel proposed to amend the declaration so that the suit ■should proceed in the name of Henry for the use of Baumgartner; bútthe court refused to allow the amendment, and this ruling also is excepted to. J. L. Anderson, for plaintiff. R. F. Lyon, for defendant.
2Cited by6 opinions
- Ohlen v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1907
- Starke v. HorakSupreme Court of Iowa · 1977
- Inman & Co. v. Seaboard Air Line Ry. Co.U.S. Circuit Court for the Southern District of Georgia · 1908
- Empire Aluminum Corporation v. SS KORENDIJKDistrict Court, S.D. Georgia · 1973
- Berry v. ShannonSupreme Court of Georgia · 1896
1 more not listed; retrieve them via the Exa API.