Legal Opinion

Atlantic Coast Line R. Co. v. Meinhard, Schaul & Co.

Supreme Court of Georgia

Decided December 24, 1909PublishedCited by 4 opinions

Action for damages. Before Judge Charlton. Chatham superior court. October 26, 1908.

1Opinion of the CourtAtkinson, J.

1. For the value of goods sold and consigned to a vendee, and lost in transit by a common carrier, a right of action exists in the vendor against the carrier, who had receipted the vendor for them and recited in the receipt that the goods were “to be delivered . without unnecessary d'elay” to the vendee, although the vendee may have paid for the goods and the freight thsreon.

2. The ruling just announced results from the general rule that a consignor who has no title to the goods lost may maintain an action for breach of the contract ol carriage. See, on the general subject, C. & A. R. Co. v.…

2Cases cited4 opinions

  1. Hooper v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
  2. Carter v. Southern Railway Co.Supreme Court of Georgia · 1900
  3. Southern Railway Co. v. JohnsonCourt of Appeals of Georgia · 1907
  4. Ross v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1906

3Cited by4 opinions

  1. Southern Railway Co. v. MaddoxCourt of Appeals of Georgia · 1910
  2. Strachan Shipping Co. v. Hazliphood Cotton Co.Court of Appeals of Georgia · 1926
  3. Black v. Southern Railway Co.Court of Appeals of Georgia · 1934
  4. Turner Oklahoma Co. v. Yellow Cab & Baggage Co.Supreme Court of Oklahoma · 1928

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