Atlantic & Birmingham Railway Co. v. Howard Supply Co.
Supreme Court of Georgia
Complaint for damages. Before Judge Reynolds. City court of Wayeross. July 3, 1905. The Howard Supply Company brought a suit for damages against the Atlantic and Birmingham Railway Company.
Read the full summary
Complaint for damages. Before Judge Reynolds. City court of Wayeross. July 3, 1905. The Howard Supply Company brought a suit for damages against the Atlantic and Birmingham Railway Company. According to the allegations of the plaintiffs petition, one Elias Moore Jr., on November 18, 1903, delivered to the defendant 260 cross-ties, loaded upon a car on the defendant’s railroad near Beach, in Ware county, and received from the company’s agent at Beach a receipt or bill of lading for the shipment, which was consigned to the Howard Supply Company at Brunswick, Ga. Upon the same day, Moore…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1. Under the proved custom touching the shipment of .cross-ties from Murray’s, at which, station the railway company had no agent, there was a constructive delivery of the shipment by Elias Moore.Jr., to the defendant, before he applied to its agent for a receipt or bill of lading. Wilson *481v. A. & C. Ry. Co., 82 Ga. 389, and cit. Shippers were invited to load cars at that “non-agency” station, and to take a receipt from the conductor of the train when the cars were started on their journey, or, after loading a car, to go to the station at Beach and get a receipt for…
2Cases cited10 opinions
- Baker v. Richmond City Mill WorksSupreme Court of Georgia · 1898
- Central Railroad & Banking Co. v. SkellieSupreme Court of Georgia · 1891
- Cooper v. YoungSupreme Court of Georgia · 1857
- Carter v. Southern Railway Co.Supreme Court of Georgia · 1900
- Wilson v. Atlanta & Charlotte Railway Co.Supreme Court of Georgia · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Crankshaw v. Stanley Homes, Inc.Court of Appeals of Georgia · 1974
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
- Louisville & Nashville Railroad v. LovelaceCourt of Appeals of Georgia · 1921
- Southern Railway Co. v. MooreSupreme Court of Georgia · 1910
- McNamara v. Georgia Cotton Co.Court of Appeals of Georgia · 1912
15 more not listed; retrieve them via the Exa API.