Legal Opinion

Southern Express Co. v. Purcell

Supreme Court of Georgia

Decided December 15, 1867PublishedCited by 12 opinions

Action, against common-carrier. Tried before Judge Gibson. Eichmond Superior Court. January Term, 1867. This was an action by Purcell against the Southern Express Company, a corporation, for the loss of thirty-three hales of cotton, alleged to have been delivered to them as a common-carrier, at Augusta, Georgia, to be taken to Wilmington, North Carolina.

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Action, against common-carrier. Tried before Judge Gibson. Eichmond Superior Court. January Term, 1867. This was an action by Purcell against the Southern Express Company, a corporation, for the loss of thirty-three hales of cotton, alleged to have been delivered to them as a common-carrier, at Augusta, Georgia, to be taken to Wilmington, North Carolina. The plaintiff introduced E. W. Doughty, who testified that on the 27th of February, 1864, he sold to plaintiff twenty-eight bales of cotton, classed as good middling to middling fair, weighing in the aggregate 14,243 pounds, at $1.10 per…

1Opinion of the CourtWarner, C. J.

This is an action brought against the defendant as a common-carrier for the loss of thirty-three bales of cotton. The errors complained of are, that the Court below refused to grant a new trial upon the several grounds specified in the record. The first assignment of error that we will now consider and decide is, that the Court below erred in charging ■ the jury, “ that the receipt offered in evidence was not a special contract binding on the plaintiff.” The decision of this question involves the liability of a common-carrier in this *111State, as well as the extent to which he may limit his…

2Cited by12 opinions

  1. Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
  2. Central of Georgia Railway Co. v. LippmanSupreme Court of Georgia · 1900
  3. C. Wallace, Superintendent Western & Atlantic Railroad v. MatthewsSupreme Court of Georgia · 1869
  4. Inman & Co. v. Seaboard Air Line Ry. Co.U.S. Circuit Court for the Southern District of Georgia · 1908
  5. Merchants' Despatch Transportation Co. v. FurthmannIllinois Supreme Court · 1893

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