Youmans v. Georgia & Florida Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Graham. Montgomery superior court. November 4, 1913. L. W. Youmans brought a suit against the Georgia and Florida Railway Company, on account of failure to furnish a car for transportation of live stock, and for refusal to receive and properly transport the live stock when'tendered for shipment. The action was for damages, and also for a statutory penalty for failure to adjust .the claim within a reasonable time after demand for settlement.
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Action for damages. Before Judge Graham. Montgomery superior court. November 4, 1913. L. W. Youmans brought a suit against the Georgia and Florida Railway Company, on account of failure to furnish a car for transportation of live stock, and for refusal to receive and properly transport the live stock when'tendered for shipment. The action was for damages, and also for a statutory penalty for failure to adjust .the claim within a reasonable time after demand for settlement. The defendant interposed general and special grounds of demurrer. Plaintiff did not offer to amend otherwise than by…
1Opinion of the CourtAtkinson, J.
(After stating the foregoing facts.)
1. It is evident from the allegations of the petition that the pleader contemplated bringing his action under the Civil Code, §§ 2774, 2775. These provisions are taken from the act approved August 22, 1907 (Acts 1907, p. 84). It is there declared to be the ' duty of the railroad companies of this State to furnish growers of peaches, apples, cantaloupes, watermelons, or -other perishable products, icing and refrigerator cars, or other suitable cars for transportation of such products, whenever ■ application is made therefor in writing by the shipper…
2Cases cited2 opinions
- Southern Railway Co. v. MooreSupreme Court of Georgia · 1910
- Gainesville Midland Railway v. VandiverSupreme Court of Georgia · 1914
3Cited by10 opinions
- Patten v. MillerSupreme Court of Georgia · 1940
- Donaldson v. Great Atlantic & Pacific Tea Co.Supreme Court of Georgia · 1938
- Campbell v. WalkerCourt of Appeals of Georgia · 1917
- Central of Georgia Railway Co. v. Greene & Co.Court of Appeals of Georgia · 1930
- Western & Atlantic Railroad v. MeisterCourt of Appeals of Georgia · 1927
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