Southern Railway Co. v. Lowe
Supreme Court of Georgia
Action for damages. Before Judge Fite. Whitfield superior court. October 10, 1911. O. -R. Lowe instituted suit against the Southern Railway Company for the value of certain personal property contained in a box shipped from- Cohutta, Georgia, over the lines of the defendant railway company as a common carrier and its connecting carriers, to Oklahoma City, Oklahoma. ■ In addition to the value of the goods, the plaintiff also sought to recover a penalty of fifty dollars, as…
Read the full summary
Action for damages. Before Judge Fite. Whitfield superior court. October 10, 1911. O. -R. Lowe instituted suit against the Southern Railway Company for the value of certain personal property contained in a box shipped from- Cohutta, Georgia, over the lines of the defendant railway company as a common carrier and its connecting carriers, to Oklahoma City, Oklahoma. ■ In addition to the value of the goods, the plaintiff also sought to recover a penalty of fifty dollars, as provided for in the Civil Code, § 2778. By demurrer the defendant attacked the constitutionality of so much of the statute…
1Opinion of the CourtAtkinson, J.
The Civil Code, § 2778, declares: “Every claim for loss or damage to property, or overcharge for freight, for which any common carrier may be liable, shall be adjusted and paid by such common carrier within' sixty days in cases of shipments wholly within this State, and within ninety days in cases of shipments between points without and points within this State, after such claim, duly verified by the oath of the claimant or his agent, shall have been filed with the agent of the initial carrier, or with the agent of the carrier upon whose line the loss or damage or overcharge actually…
2Cases cited6 opinions
- Fidelity Mutual Life Ass'n v. MettlerSupreme Court of the United States · 1902
- Seaboard Air Line Railway v. SeegersSupreme Court of the United States · 1907
- Harp v. Fireman's Fund InsuranceSupreme Court of Georgia · 1908
- Martin v. MartinSupreme Court of Georgia · 1910
- Best v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Johnson v. StevensCourt of Appeals of Georgia · 1917
- Stapleton v. DismukesCourt of Appeals of Georgia · 1931
- Hamlin v. JohnsSupreme Court of Georgia · 1928
- Southern Railway Company v. TurnerCourt of Appeals of Georgia · 1947
- State Highway Department v. AndrusSupreme Court of Georgia · 1956
1 more not listed; retrieve them via the Exa API.