Louisville & Nashville Railroad v. Warfield & Lee
Supreme Court of Georgia
“The Court of Appeals desires the instruction of the Supreme Court as to the following questions of law for the proper decision of the above-stated case, to wit: “1. In a case where an action is instituted by the shipper of goods against a common carrier, on account of the civil wrong occasioned to the shipper by reason of the fact that the carrier, having received the shipment in good order, did not transport it safely but delivered it to the shipper (who was also the…
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“The Court of Appeals desires the instruction of the Supreme Court as to the following questions of law for the proper decision of the above-stated case, to wit: “1. In a case where an action is instituted by the shipper of goods against a common carrier, on account of the civil wrong occasioned to the shipper by reason of the fact that the carrier, having received the shipment in good order, did not transport it safely but delivered it to the shipper (who was also the consignee) in a damaged condition, is negligence of the carrier a necessary allegation? “2. In such a case, is proof of…
1Opinion of the CourtEvans, P. J.
The questions propounded by the Court of Appeals involve matters of pleading and practice which were considered by this court in the case of L. & N. R. Co. v. Cody, 119 Ga. 371. If the ruling in that case be adhered to, we could on its authority give categorical answers. But a motion was made in the Court of Appeals to examine and review that case as bearing on the pleading and practice questions submitted to us, and we are requested by the Court of Appeals to review so much of that decision as relates to the matters certified to us for instruction. In the ease of L. & N. R. Co. v. Cody it…
2Cases cited11 opinions
- Fish v. Chapman & RossSupreme Court of Georgia · 1847
- Forrester v. Georgia RailroadSupreme Court of Georgia · 1893
- Louisville & Nashville Railroad v. CodySupreme Court of Georgia · 1904
- Great Western Railway Co. v. HawkinsMichigan Supreme Court · 1869
- Lachner Bros. v. Adams Express Co.Missouri Court of Appeals · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ford Motor Co. v. CarterSupreme Court of Georgia · 1977
- Deen v. WheelerCourt of Appeals of Georgia · 1910
- Lytle v. Southern Railway Co.Court of Appeals of Georgia · 1907
- Atlanta and West Point Railroad v. Jacobs' Pharmacy Co.Supreme Court of Georgia · 1910
- Nashville, Chattanooga & St. Louis Ry. v. HamCourt of Appeals of Georgia · 1948
23 more not listed; retrieve them via the Exa API.