Cooper v. Young
Supreme Court of Georgia
Case, from Fulton Superior Court. Tried before Judge Hammond, at October Term, 1856. This was an action brought by Mark A. Cooper, against George Young, as superintendent of the Western and Atlantic railroad, to recover damages alleged to have been sustained by reason of the failure of defendant to transport by railroad and deliver a certain quantity of stone coal at the times and places, and in the quantities, which defendant undertook to do.
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Case, from Fulton Superior Court. Tried before Judge Hammond, at October Term, 1856. This was an action brought by Mark A. Cooper, against George Young, as superintendent of the Western and Atlantic railroad, to recover damages alleged to have been sustained by reason of the failure of defendant to transport by railroad and deliver a certain quantity of stone coal at the times and places, and in the quantities, which defendant undertook to do. The plaintiff in his declaration averred that, in the summer of 1852, defendant undertook and promised to transport from Chattanooga, Tennessee, and to…
1Opinion of the Court
*271 By the Court.
McDonald, J.
delivering opinion.
This suit is instituted against the defendant, as a common carrier, for the non-delivery of.stone coal, which he had undertaken to';carry for the plaintiff from Chattanooga, in Tennessee, to Etowah, in Cass county Georgia. The plaintiff is engaged extensively in the manufacture of iron, and relies for his supply of coal, to carry on his operations, on that which is carried by railroad from Chattanooga to the neighborhood of his works. The coal belonged to plaintiff, the defendant was to transport it. It is alleged, that by reason of the failure of…
2Cited by19 opinions
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Atlanta Gas Light Co. v. NewmanCourt of Appeals of Georgia · 1953
- McGraw v. B. & O. R. R. Co.West Virginia Supreme Court · 1881
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Atlantic & Birmingham Railway Co. v. Howard Supply Co.Supreme Court of Georgia · 1906
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