Bell Bros. v. Western & Atlantic Railroad
Supreme Court of Georgia
Action for damages. Before Judge Reid. City court of Atlanta. April 13, 1905. The suit was against a common carrier, to recover the loss, sustained by the plaintiff on a car-load of cabbages shipped to that firm on September 21, 1900, by A. D. Freeman, of Rural Retreat, Ya., and delivered by the defendant company to the plaintiff on September 29 in a condition unfit for market, the cabbages being then damaged and decayed.
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Action for damages. Before Judge Reid. City court of Atlanta. April 13, 1905. The suit was against a common carrier, to recover the loss, sustained by the plaintiff on a car-load of cabbages shipped to that firm on September 21, 1900, by A. D. Freeman, of Rural Retreat, Ya., and delivered by the defendant company to the plaintiff on September 29 in a condition unfit for market, the cabbages being then damaged and decayed. The defendant was charged with having negligently allowed the car to stand on its side-track in the city of Marietta, Ga., an entire day. The plaintiff further alleged, that…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1. The bill of lading issued by the initial carrier plaj's an important part in the plaintiff’s case, whether the plaintiff relies on the count for the tort growing out of the breach of duty.arising under the contract, or on the count charging liability on the part of the defendant under the Civil Code, §2298, as being the last connecting carrier which received the goods as “in good order.” In the first instance, though the consignee be not a party to a contract of carriage between a, railroad company and a shipper, the consignee may make proof of such contract with…
2Cases cited4 opinions
- Central of Georgia Railway Co. v. JamesSupreme Court of Georgia · 1903
- Forrester v. Georgia RailroadSupreme Court of Georgia · 1893
- Central Railroad & Banking Co. v. AvantSupreme Court of Georgia · 1888
- Kavanaugh & Co. v. Southern Railway Co.Supreme Court of Georgia · 1904
3Cited by8 opinions
- Southern Express Co. v. PopeCourt of Appeals of Georgia · 1909
- Kohlmeyer & Co. v. BowenCourt of Appeals of Georgia · 1972
- Columbian Nat. Life Ins. Co. v. WirthleSupreme Court of Oklahoma · 1918
- Hill Aircraft & Leasing Corp. v. Cintas Corp.Court of Appeals of Georgia · 1984
- Central of Georgia Railway Co. v. Clark Milling Co.Court of Appeals of Georgia · 1929
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