Central Line of Boats v. Lowe
Supreme Court of Georgia
Common carriers. Negligence. Before Judge Johnson. Muscogee Superior Court. October Term, 1872. Charles M. Lowe brought an action against the Central Line of Boats to recover the value of one bale of cotton.
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Common carriers. Negligence. Before Judge Johnson. Muscogee Superior Court. October Term, 1872. Charles M. Lowe brought an action against the Central Line of Boats to recover the value of one bale of cotton. The declaration alleged that the defendant was the owner of a steamboat on the Chattahoochee river at Florence, and bound for Columbus; that plaintiff’ shipped three bales of cotton by said steamboat, to be safely and securely delivered, in good order, at Columbus, the dangers of river navigation, fire and unavoidable accidents excepted; that, although the defendant was not prevented by…
1Opinion of the Court
McCay, Judge.
There is, doubtless, a distinction between an “act of God” and an “ unavoidable accident.” The former covers only natural accidents, such as lightning, earthquakes, tempests, and the like, and not accidents arising from the negligence or act of man: 2 Kelly, 349; Campbell vs. Morse, Harper’s Reports, 468; 2 Dana., 430; 4 Stew. & Port., 382; and, doubtless, it was the intent of the parties here to go further than to protect the carrier against the “ act of God,” since he was not liable for that in any event. But to make out the case of an exemption for a carrier, against either…
2Cited by11 opinions
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- Gulf Oil Corporation v. WillcoxonSupreme Court of Georgia · 1955
- Richmond & Danville Railroad v. White & Co.Supreme Court of Georgia · 1892
- Clyde Steamship Co. v. Burrows & DanielSupreme Court of Florida · 1895
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