Graham & Ward v. Macon, Dublin & Savannah Railroad
Supreme Court of Georgia
Action on contract. Before Judge Adams. City court of Dublin. September 12, 1903. A line of steamboats on the Oconee river was run in connection with a competitor of the Macon, Dublin and Savannah Railroad Company, In order to meet this competition, the railroad company, through its duly authorized agents, contracted with Graham & Ward that the firm should acquire a boat to be run oil the river,, agreeing to give them all the river freight controlled by the company, and to…
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Action on contract. Before Judge Adams. City court of Dublin. September 12, 1903. A line of steamboats on the Oconee river was run in connection with a competitor of the Macon, Dublin and Savannah Railroad Company, In order to meet this competition, the railroad company, through its duly authorized agents, contracted with Graham & Ward that the firm should acquire a boat to be run oil the river,, agreeing to give them all the river freight controlled by the company, and to construct a hoist by which freight could be cheaply handled between the boat and the cars. It was further understood that…
1Opinion of the CourtLamar, J.
(After stating the facts.) The contract for the exchange of freight was not void as being contrary to public policy. Instead of defeating, it was intended to meet competition. There is no suggestion of any restraint of trade, any increase of rates, any rebate or pooling, any unjust or 'unlawful discrimination, or anything that interferes with the right of a shipper to route his freight over a different or any desired line. Indeed, there is nothing to sustain this ground of attack, unless it be unlawful for parties who are able to contract to covenant to receive from and deliver to each all…
2Cases cited6 opinions
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- Kenny v. CollierSupreme Court of Georgia · 1887
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Coles, Simkins & Co. v. Central Railroad & Banking Co.Supreme Court of Georgia · 1890
- Denver & N. O. R. Co. v. Atchison, T. & S. F. R. Co.District Court, D. Colorado · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hadden v. Southern Messenger ServiceSupreme Court of Georgia · 1910
- Butler v. Tifton, Thomasville & Gulf Railway Co.Supreme Court of Georgia · 1905
- Harris v. BlackSupreme Court of Georgia · 1915
- Twin City Lumber Co. v. DanielsCourt of Appeals of Georgia · 1918
- Baldwin v. State Corp. CommissionSupreme Court of Kansas · 1936
6 more not listed; retrieve them via the Exa API.