Columbus & Western Railway Co. v. Kennedy
Supreme Court of Georgia
Railroads. Damages. Negligence. Live-Stock. Evidence. Presumptions. Before Judge Willis. Muscogee Superior Court. May Term, 1886. On April 21, 1884, W. W. Kennedy brought suit against the Columbus and Western Railway Company to recover damages for injuries to certain stock shipped to Columbus over defendant’s line.
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Railroads. Damages. Negligence. Live-Stock. Evidence. Presumptions. Before Judge Willis. Muscogee Superior Court. May Term, 1886. On April 21, 1884, W. W. Kennedy brought suit against the Columbus and Western Railway Company to recover damages for injuries to certain stock shipped to Columbus over defendant’s line. The defendant pleaded the general issue, and that the horses were shipped by the plaintiff from Harrodsburg, Ky., to Columbus, Ga., under a contract by which the shipper released the railroads over which the stock should pass from any claim for damages, except such as might arise…
1Opinion of the Court
Hall, Justice.
Kennedy instituted his suit against the railway company, upon its liability as carrier, for damages done to certain stock which he had shipped over its road. The special defence set up -to this action was, that Kennedy shipped this stock from Harrodsburg, Ky., under what is usually known as a contract for the shipment of stock, which relieved the company from certain liability in regard to the stock, on consideration of the reduced rates accorded to the shipper, and of his free passage over the road to enable him to attend to the stock in certain respects. The owner accompanied…
2Cited by4 opinions
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- Hines v. Jackson & Co.Court of Appeals of Georgia · 1920