Georgia Railroad & Banking Co. v. Murrah
Supreme Court of Georgia
Damages. Negligence. Contracts. Carriers. Railroads. Before Judge Cobb. City court of Clarke county. September term, 1889. On September 24, 1887, the plaintiff delivered to the agent of the Missouri Pacific Railway Company, at Austin, Texas, four boxes of goods consigned to himself at Athens, Georgia.
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Damages. Negligence. Contracts. Carriers. Railroads. Before Judge Cobb. City court of Clarke county. September term, 1889. On September 24, 1887, the plaintiff delivered to the agent of the Missouri Pacific Railway Company, at Austin, Texas, four boxes of goods consigned to himself at Athens, Georgia. According to plaintiff’s testimony, that agent said he did not know the rate for the shipment, but $1.50 per hundred would more than cover it, and plaintiff had better pay too much than too little, otherwise the goods might stop on the road when they had been carried as far as the freight was…
1Opinion of the Court
Bleckley, Chief Justice.
It is not pretended that the contract made by the first carrier to transport the goods as “ released ” and at *346a reduced rate, was inserted in the bill of lading, or was known to the last carrier until after that carrier had completed the transportation and paid the back charges. So far as appears, no way-bill or freight-list which came forward with the goods indicated such a contract, or any'reduced rate of freight. Under these circumstances, to hold all parties to the bill of lading and to the implications of law arising upon it, would be fair, at least to the…
2Cases cited7 opinions
- Metzger v. Franklin BankIndiana Supreme Court · 1889
- Schneider v. EvansWisconsin Supreme Court · 1870
- Wells v. ThomasSupreme Court of Missouri · 1858
- Bird v. Georgia RailroadSupreme Court of Georgia · 1884
- Crossan v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Goodin v. Southern Railway Co.Supreme Court of Georgia · 1906
- Atlantic Coast Line Railroad v. PowellSupreme Court of Georgia · 1908
- Seaboard Air Line Railway v. FriedmanSupreme Court of Georgia · 1907
- Seaboard Air-Line Railway v. Southern Flour & Grain Co.Supreme Court of Georgia · 1912
- Taylor v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1923
2 more not listed; retrieve them via the Exa API.