Southern Railway Co. v. Moore
Supreme Court of Georgia
Action for damages. Before Judge Beagan. Pike superior court. October 9, 1908. Moore brought suit against the Southern-Bail-way Company, alleging in his petition and the amendment thereto, in brief, as follows: The defendant is a common carrier, and has an office, agent, and place of business at Moleña, Pike county, on its line of road, which is a regular station for receiving and delivering freight.
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Action for damages. Before Judge Beagan. Pike superior court. October 9, 1908. Moore brought suit against the Southern-Bail-way Company, alleging in his petition and the amendment thereto, in brief, as follows: The defendant is a common carrier, and has an office, agent, and place of business at Moleña, Pike county, on its line of road, which is a regular station for receiving and delivering freight. He sold certain lumber, amounting to 10,819 feet, to the King Lumber Company, at $15 per thousand feet, to be shipped to Atlanta, and delivered “f. o. b. cars at Moleña.” The price named was the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The principal question in this case is whether the remedy provided by the act of August 23, 1905 (Acts 1905, p. 120), and the rule of the railroad commission in pursuance thereof, operate to repeal or abrogate the common-law right of a shipper to bring an action against a railroad company as a common carrier for a negligent failure or refusal to furnish cars for the transportation of freight within a reasonable time after notice; or whether they furnish a cumulative remedy, so that a shipper may pursue the one remedy or the other. The second section of the…
2Cases cited26 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Donnell v. JonesSupreme Court of Alabama · 1848
- Texas & Pacific Railway Co. v. Cisco Oil MillSupreme Court of the United States · 1907
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3Cited by20 opinions
- Hotel Equipment Co. v. LiddellCourt of Appeals of Georgia · 1924
- Cullen v. Seaboard Air Line RailroadSupreme Court of Florida · 1912
- Teasley v. MathisSupreme Court of Georgia · 1979
- Atlantic Company v. FarrisCourt of Appeals of Georgia · 1940
- Zuber v. Southern Railway Co.Court of Appeals of Georgia · 1911
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