Legal Opinion

Dibble v. Brown & Harris

Supreme Court of Georgia

Decided August 15, 1852No. 39PublishedCited by 14 opinions

Case, in Bibb Superior Court. Tried before Judge Powers. June Term, 1852. This was an action to recover the value of a trunk of plaintiff, which was alleged to have been lost by the default of defendants, as omnibus proprietors, in the City of Macon. The interrogatories of Mrs. Margaret Dibble, the wife of plaintiff, were offered to prove the contents of the trunk, (the loss of it having been previously proven by other witnesses) which were objected to by defendants.

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Case, in Bibb Superior Court. Tried before Judge Powers. June Term, 1852. This was an action to recover the value of a trunk of plaintiff, which was alleged to have been lost by the default of defendants, as omnibus proprietors, in the City of Macon. The interrogatories of Mrs. Margaret Dibble, the wife of plaintiff, were offered to prove the contents of the trunk, (the loss of it having been previously proven by other witnesses) which were objected to by defendants. The Court sustained the objection ; holding that the witness was not competent to testify. The Jury having found for…

1Opinion of the Court

By the Court.

Nisbet, J.

delivering the opinion.

This action was brought to recover the value of a trunk and its contents, from the defendants, as common carriers. The defendants were proprietors of an omnibus, running from their 'hotel, in the city of Macon. The trunk was placed in charge of the plaintiff’s son, a youth about fourteen years old, at Columbus, and taken with him, as baggage, on coaches running *219from that city to Macon. At Macon, he ', stayed a night at the defendants’ house, and passed from then'c-e in'their omnibus, the next morning, to the Central Railroad depot. This baggage,…

2Cases cited6 opinions

  1. Orange County Bank v. BrownNew York Supreme Court · 1832
  2. Allen v. SewallNew York Supreme Court · 1829
  3. Sewall v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1830
  4. Camden & Amboy Rail Road & Transportation Co. v. BurkeNew York Supreme Court · 1835
  5. Clark & Co. v. SpenceSupreme Court of Pennsylvania · 1840

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Central of Georgia Railway Co. v. LippmanSupreme Court of Georgia · 1900
  2. Root v. New York Central Sleeping-Car Co.Missouri Court of Appeals · 1887
  3. Nashville, Chattanooga & St. Louis Ry. v. HamCourt of Appeals of Georgia · 1948
  4. Atlantic Coast Line Railroad v. BarksdaleCourt of Appeals of Georgia · 1924
  5. Sasseen & Whitaker v. ClarkSupreme Court of Georgia · 1867

9 more not listed; retrieve them via the Exa API.

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