Fitzsimmons v. Southern Express Co.
Supreme Court of Georgia
Common-Carriers. Agency. Before Judge Gibson. Richmond Superior Court. January Term, 1869. Eleanor N. Fitzsimmons, as trustee for the children of J. Mott Alston, brought case against the Southern Express Company as a common-carrier, and as warehousemen, for the loss óf a box of family silver plate, etc., with counts to meet the different phases of the case apparent from the evidence. There was no question as to title or value.
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Common-Carriers. Agency. Before Judge Gibson. Richmond Superior Court. January Term, 1869. Eleanor N. Fitzsimmons, as trustee for the children of J. Mott Alston, brought case against the Southern Express Company as a common-carrier, and as warehousemen, for the loss óf a box of family silver plate, etc., with counts to meet the different phases of the case apparent from the evidence. There was no question as to title or value. Alston’s wife, to whom.the lost box belonged, and Alston, transferred Iheir rights therein to Mrs. Fitzsimmons for said children. Alston testified, that on the 11th of…
1Opinion of the CourtMcCay, J.
■ We have no doubt-that the verdict of the jury is supported by the evidence. The plaintiff in. error, has no right to a new trial, unless there be such error in the charge of the Court as to require it.
The principal complaint made against the charge is, that the Court told the jury: 1st. “That in such a case as this the rule that one person cannot be the agent of two parties, who have conflicting interests, did not apply.” And 2nd, “ that if the jury believed Alston shipped the goods to the care of Bates, he made Bates his agent^ and a delivery to Bates discharged the company ; thus, if…
2Cited by10 opinions
- Todd v. German American InsuranceCourt of Appeals of Georgia · 1907
- F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
- Napier v. AdamsSupreme Court of Georgia · 1928
- Pine Mountain Iron & Coal Co. v. BaileyCourt of Appeals for the Eighth Circuit · 1899
- Casey v. DonovanMissouri Court of Appeals · 1896
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