Georgia Railroad v. Creety
Court of Appeals of Georgia
Complaint, from city court of Washington — Judge Hardeman. September 21, 1908. Creety desired to ship oranges from Minorville, Florida, to Washington, Georgia, and asked Chapman, the railroad agent at the latter point, to name the rate. Chapman stated that he did not know the rates between these points, but he would find out what the rate was, and telegraphed the general freight agent to quote him the rate.
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Complaint, from city court of Washington — Judge Hardeman. September 21, 1908. Creety desired to ship oranges from Minorville, Florida, to Washington, Georgia, and asked Chapman, the railroad agent at the latter point, to name the rate. Chapman stated that he did not know the rates between these points, but he would find out what the rate was, and telegraphed the general freight agent to quote him the rate. The general freight agent telegraphed him that the rate was sixty-eight and four-tenths cents per 100 pounds, and Chapman quoted this rate to Creety. Acting on this information, Creety…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
Most of the cases in which the question has arisen whether a rate quoted by a common carrier and acted on by the shipper may be disregarded if it subsequently appears to be different from the rate authorized by the published tariffs have been actions by thfe shipper against the carrier. In these cases it has been held almost uniformly that the shipper can not enforce against the carrier the agreed or misquoted rate^ — that the carrier may hold the goods until the charges according to the published tariffs have been paid, Savannah, F. & W. Ry. Co. v.…
2Cases cited4 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Merchants' Cotton Press & Storage Co. v. Insurance Co. of North AmericaSupreme Court of the United States · 1894
- Savannah, Florida & Western Railway Co. v. BundickSupreme Court of Georgia · 1894
- Raleigh & Gaston R. R. v. SwansonSupreme Court of Georgia · 1897
3Cited by19 opinions
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
- Oregon-Washington Railroad & Navigation Co. v. Seattle Grain Co.Washington Supreme Court · 1919
- Baltimore & Ohio Southwestern Railway Co. v. New Albany Box & Basket Co.Indiana Court of Appeals · 1911
- Missouri, K. & T. Ry. Co. v. WalstonSupreme Court of Oklahoma · 1913
- Central of Georgia Railway Co. v. Butler Marble & Granite Co.Court of Appeals of Georgia · 1910
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