Legal Opinion

Arnold & Dubose v. Georgia Railroad & Banking Co.

Supreme Court of Georgia

Decided July 15, 1873PublishedCited by 23 opinions

Railroads. Venue. Charter. Freight. Contraots. Before Judge And rews. Wilkes Superior Court. May Term, 1873. Arnold & DuBose brought complaint against the Georgia Railroad and Banking Company for $2,362-50, overcharge in freight on three million one hundred and fifty thousand pounds of cotton, shipped on the cars of the defendant for a distance of seventy-five miles. The defendant pleaded the general issue and to the jurisdiction of Wilkes Superior Court.

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Railroads. Venue. Charter. Freight. Contraots. Before Judge And rews. Wilkes Superior Court. May Term, 1873. Arnold & DuBose brought complaint against the Georgia Railroad and Banking Company for $2,362-50, overcharge in freight on three million one hundred and fifty thousand pounds of cotton, shipped on the cars of the defendant for a distance of seventy-five miles. The defendant pleaded the general issue and to the jurisdiction of Wilkes Superior Court. The evidence made the following case: The amount of cotton was shipped, as alleged, at Washington, Wilkes county, to be conveyed by the…

1Opinion of the Court

Trippe, Judge.

1. Section 3329 of the Revised Code, as amended by the Act of March 4th, 1869, is as follows: “All railroad companies shall be liable to be sued in any county in which the cause of action originated, by any one whose person or property has been injured by such railroad company, their officers, agents or employees, for the purpose of recovering damages for such injury, and also on all contracts made or to be performed in the county where the suit is brought:” New Code, section 3329. The section, before it ivas amended by the Act of 1869, has, after the word “ employees,” the…

2Cases cited2 opinions

  1. Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
  2. Mowatt v. WrightNew York Supreme Court · 1828

3Cited by23 opinions

  1. Gulf Life Insurance Co. v. FolsomSupreme Court of Georgia · 1986
  2. Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
  3. New York Life Insurance v. WilliamsonCourt of Appeals of Georgia · 1936
  4. Read v. BenedictCourt of Appeals of Georgia · 1991
  5. White v. RowlandSupreme Court of Georgia · 1881

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