Atlantic Coast Line R. Co. v. Meinhard, Schaul & Co.
Supreme Court of Georgia
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
- Hooper v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Carter v. Southern Railway Co.Supreme Court of Georgia · 1900
- Southern Railway Co. v. JohnsonCourt of Appeals of Georgia · 1907
- Ross v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1906
3Cited by4 opinions
- Southern Railway Co. v. MaddoxCourt of Appeals of Georgia · 1910
- Strachan Shipping Co. v. Hazliphood Cotton Co.Court of Appeals of Georgia · 1926
- Black v. Southern Railway Co.Court of Appeals of Georgia · 1934
- Turner Oklahoma Co. v. Yellow Cab & Baggage Co.Supreme Court of Oklahoma · 1928