Legal Opinion

Atlantic Coast Line Railroad v. Luke & Fleming

Court of Appeals of Georgia

Decided August 3, 1917No. 8302Published

Action for damages; from Richmond superior court—Judge Henry C. Hammond. December 13, 1915.

1Opinion of the CourtBloodworth, J.

The court did not err in overruling the demurrer on each of the grounds thereof. As the plaintiff in error specially urges that because the railroad delivered to the assignees of the bill of lading “all and the very same cotton it received from the shipper,” it should be relieved of liability, especially as the bill of lading had in it the words, “Weight subject to correction,” and “it was only quasi-negotiable, that is, assignable as to the property itself, not as to the quality of the goods,” we will discuss this proposition only. A bill of lading is not strictly a negotiable instrument,…

2Cases cited12 opinions

  1. The Lady FranklinSupreme Court of the United States · 1869
  2. Wichita Savings Bank v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1878
  3. Sioux City & Pacific Railroad v. First National BankNebraska Supreme Court · 1880
  4. St. Louis & Iron Mountain Railroad v. LarnedIllinois Supreme Court · 1882
  5. Bank of Sparta v. ButtsCourt of Appeals of Georgia · 1908

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