Legal Opinion

Georgia Southern & Florida Railway Co. v. Knight

Court of Appeals of Georgia

Decided September 24, 1912No. 3760PublishedCited by 2 opinions

Action for damages; from city court of Nashville — Judge Buie, October 1, 1911.

1Opinion of the CourtRussell, J.

I. Ordinarily a common carrier who receives goods for shipment is not relieved from the duty of delivering them, unless prevented by “the act of God or the public enemies of the State.” An exception to this rule is found where the carrier surrenders the goods in obedience to valid legal process, or such as is apparently valid; but the carrier is not relieved from his duty to‘the shipper, even when he delivers a shipment in response to process, on the demand of a levying officer, unless he has exercised due diligence to ascertain whether the *490process is in fact legal. Morris Storage & Transfer…

2Cases cited2 opinions

  1. Morris Storage & Transfer Co. v. WilkesCourt of Appeals of Georgia · 1907
  2. Southern Express Co. v. Sottile Bros.Supreme Court of Georgia · 1910

3Cited by2 opinions

  1. Higgins v. GosdenCourt of Appeals of Georgia · 1936
  2. Warren v. Georgia Fertilizer & Oil Co.Court of Appeals of Georgia · 1917

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