Rome Railroad v. Sullivan, Cabot & Co.
Supreme Court of Georgia
- Case in Floyd Superior Court. Tried before Judge D. E. Hammond, at July Term, 1860. The action in this case was brought by Sullivan & Cabot, alleging that they delivered to the Rome Railroad Company, a common carrier, forty bales of cotton, to be transported from Rome, Georgia, to Charleston, South Carolina, and that by reason of unnecessary and unreasonable delay in transporting the cotton, according to contract, the plaintiffs sustained damage amounting to $500 00. On…
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- Case in Floyd Superior Court. Tried before Judge D. E. Hammond, at July Term, 1860. The action in this case was brought by Sullivan & Cabot, alleging that they delivered to the Rome Railroad Company, a common carrier, forty bales of cotton, to be transported from Rome, Georgia, to Charleston, South Carolina, and that by reason of unnecessary and unreasonable delay in transporting the cotton, according to contract, the plaintiffs sustained damage amounting to $500 00. On the trial of the case the plaintiffs introduced in evidence a receipt, of which the following is a copy, to-wit: “ Rome,…
1Opinion of the Court
By the Court.
Jenkins, J.,
delivering the opinion.
This is the second appearance of this case in this Court, and each writ of error was preceded by a verdict for plaintiff in the. Court below.
At the former hearing in this Court, the judgment below was reversed, on the ground that the plaintiff in the action had alleged a special contract to transport the cotton to Charleston, South Carolina, and had proven a contract to transport it to Augusta, Georgia. This Court then held “that the Rome Railroad Company has a right, under the powers granted by its charter, to contract to deliver produce at a…
2Cited by2 opinions
- Rice v. Ware & HarperCourt of Appeals of Georgia · 1908
- Columbus & Western Railway v. Flournoy & EppingSupreme Court of Georgia · 1885