Golden Live Stock Co. v. Hines
Court of Appeals of Georgia
Action for damages; from city court of Tifton — Judge Price. November 10, 1920. Application for certiorari was denied by the Supreme Court. The exceptions are to the dismissal of the plaintiff’s petition, on general demurrer.
Read the full summary
Action for damages; from city court of Tifton — Judge Price. November 10, 1920. Application for certiorari was denied by the Supreme Court. The exceptions are to the dismissal of the plaintiff’s petition, on general demurrer. The action was for damages on account of injuries to live stock in transportation by the defendant carrier between points in this State in December, 1918. The petition was filed in February, 1920. By amendment, after the defendant had filed a plea setting up the stipulation mentioned in the decision, the plaintiff alleged: “ That part of said contract of affreightment…
1Opinion of the CourtJenkins, P. J.
One of the stipulations contained in the- contract of shipment is that the carrier can not be held liable for any injury inflicted upon live-stock transported, unless suit therefor be brought within six months after the right of action has accrued. The record fails to disclose any act or conduct on the part of the carrier which would obviate the necessity of a compliance by the shipper with this provision of the contract. Cherokee Sawmill Co. v. Nashville &c. Ry., 19 Ga. App. 475 (91 S. E. 790); Southern Express Co. v. Oliver, 20 Ga. App. 467 (93 S. E. 109).
Judgment affirmed..
Stephens and…
2Cases cited2 opinions
- Cherokee Sawmill Co. v. Nashville, Chattanooga & St. Louis RailwayCourt of Appeals of Georgia · 1917
- Southern Express Co. v. OliverCourt of Appeals of Georgia · 1917