Yesbik v. Macon, Dublin & Savannah Railroad
Court of Appeals of Georgia
Action for damages; from city court of Dublin — Judge H. R. Daniel presiding. March 13, 1912. The action was to recover for damage to a car-load of bananas, alleged to have been caused partly by an unreasonable delay in transportation and partly on account of the negligent manner in which the goods were handled by the carrier. The plaintiff was nonsuited.
Read the full summary
Action for damages; from city court of Dublin — Judge H. R. Daniel presiding. March 13, 1912. The action was to recover for damage to a car-load of bananas, alleged to have been caused partly by an unreasonable delay in transportation and partly on account of the negligent manner in which the goods were handled by the carrier. The plaintiff was nonsuited. It appears, from the evidence, that the Eruit Dispatch Company delivered the fruit to the Louisville & Nashville Railroad Company at New Orleans, to be shipped to the plaintiff at Dublin, Georgia. 'The company issued its bill of lading,…
1Opinion of the CourtPottle, J.
(After stating the foregoing facts.)
There being no allegation that the defendant receipted for the car of bananas as in good order, the petition will be construed as an effort to recover upon the implied obligation of the carrier to deliver safely and promptly, and not upon the statutory liability set forth in § 2752 of the Civil Code (1910). It appearing that the shipment was delivered to the defendant as a connecting carrier in due course of transportation, and nothing to the contrary appearing, the presumption is that the bananas were received as in good order. The onus is upon the…
2Cases cited4 opinions
- Forrester v. Georgia RailroadSupreme Court of Georgia · 1893
- Hartwell Railway Co. v. KiddCourt of Appeals of Georgia · 1912
- East Tennessee, Virginia & Georgia Railway Co. v. Johnson & ShahanSupreme Court of Georgia · 1890
- Almand v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1895
3Cited by2 opinions
- Central of Georgia Railway Co. v. Clark Milling Co.Court of Appeals of Georgia · 1929
- Macon, Dublin & Savannah Railroad v. YesbikCourt of Appeals of Georgia · 1913