Southwestern Railroad v. Felder
Supreme Court of Georgia
Common carriers. Warehousemen. Notice. Custom. Before Judge Cole. Houston Superior Court. December Term, 1871. Edward L. Felder brought assumpsit against the Southwestern Railroad Company for the sum of $200, besides interest.
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Common carriers. Warehousemen. Notice. Custom. Before Judge Cole. Houston Superior Court. December Term, 1871. Edward L. Felder brought assumpsit against the Southwestern Railroad Company for the sum of $200, besides interest. The declaration alleged that on the ..... day of November, 1870, at Macon, defendant received from plaintiff, for a valuable consideration, six bundles of iron cotton-ties and seven rolls of bagging of the value of $200, and undertook to transport and deliver the same to James E. Barrett, at Fort Valley, without unreasonable delay, which defendant has failed to do. The…
1Opinion of the Court
Montgomery, Judge.
"Very little need be added in this case to the judgment of the Court as contained in the head notes. The decision as to the necessity of notice to the consignee may seem, at first glance, to conflict with The Rome Railroad Company vs. Sullivan, Cabot & Company, 14 Georgia, 277. The question of notice to the consignee was not in that case. It was a suit in trover, and the Court held that, although the railroad made a wrong delivery of the freight sued for, yet the company were not liable for a conversion until demand and refusal. Judge Lumpkin's remarks as to the necessity of…
2Cited by8 opinions
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
- Miller & Co. v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1891
- Holloman v. Southern Railway Co.Supreme Court of North Carolina · 1916
- Richmond & Danville Railroad v. White & Co.Supreme Court of Georgia · 1892
- Seaboard Air-Line Railway v. ShackelfordCourt of Appeals of Georgia · 1908
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