Legal Opinion

Wadley Southern Railway Co. v. Kent & Downs

Supreme Court of Georgia

Decided August 21, 1916PublishedCited by 5 opinions

Action for damages. Before W. W. Larsen, judge pro hae vice. Johnson superior court. May 13, 1915.

1Opinion of the CourtLumpkin, J.

Kent & Downs brought suit against the Wadley Southern Bailway Company, to recover damages for an alleged failure of its duty as a common carrier by railroad to furnish cars for the shipment, of certain lumber. They recovered a verdict’. The defendant moved for a new trial. The motion was overruled, and the defendant excepted.

1, 2. This suit was not predicated on any violation of a rule of the railroad commission, but upon the general duty of a railroad company as a common carrier to furnish cars. It is declared by the Civil Code (1910), § 2729: “A common carrier, holding himself out to the…

2Cases cited6 opinions

  1. Houston & Texas Central Railroad v. MayesSupreme Court of the United States · 1906
  2. Southern Railway Co. v. Atlanta Sand & Supply Co.Supreme Court of Georgia · 1910
  3. Ocean Steamship Co. v. Savannah Locomotive Works & Supply Co.Supreme Court of Georgia · 1909
  4. Southern Railway Co. v. MooreSupreme Court of Georgia · 1910
  5. New York, Philadelphia & Norfolk R. v. CromwellSupreme Court of Virginia · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Central of Georgia Railway Co. v. Greene & Co.Court of Appeals of Georgia · 1930
  2. Southeastern Express Co. v. Bowers, Inc., No. 6Court of Appeals of Tennessee · 1936
  3. Southwestern Railroad v. DaviesCourt of Appeals of Georgia · 1936
  4. Thompson v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1921
  5. Southeastern Express Co. v. Bowers, Inc., No. 6Court of Appeals of Tennessee · 1936

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