East Tennessee & Georgia Railroad v. Montgomery
Supreme Court of Georgia
Common-carriers. Interrogatories. Before Judge Parrott. Whitfield Superior Court. January, 1871. The following letter was received by one Bayard : “East Tennessee and Georgia Railroad Company’s Superintendent’s Office. “ Chattanooga, October 28th, 1865. “ N. J. Bayard, Rome, Ga.: “ Dear Sir: —Yours of 21st came duly to hand.
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Common-carriers. Interrogatories. Before Judge Parrott. Whitfield Superior Court. January, 1871. The following letter was received by one Bayard : “East Tennessee and Georgia Railroad Company’s Superintendent’s Office. “ Chattanooga, October 28th, 1865. “ N. J. Bayard, Rome, Ga.: “ Dear Sir: —Yours of 21st came duly to hand. In reply, I will say that arrangements are perfected for sending cotton through to New York via East Tennessee and Georgia and connecting lines to Alexandria by rail, and from thence per steamer, without detention, and with less transfers thau any other line. There are…
1Opinion of the Court
Lochrane, Chief Justice.
James Montgomery brought his action against the East Tennessee and Georgia Railroad Company to recover damages resulting from the delay in transportation of cotton *282from Rome to the city of New York. The damages proven and found by the jury amounted to $2,000. Upon,a motion for a new trial various grounds were assigned, all, however, controlled by legal principles involved in the construction of a letter set up, with the surrounding facts, as an express or special contract, upon which the liability of the defendant below is predicated.
The proof shows that Montgomery…
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