Legal Opinion

Southern Railway Co. v. Miller

Court of Appeals of Georgia

Decided January 22, 1918No. 8853Published

Action for damages; from city court of Hall county — Judge Wheeler. April 33, 1917. ■ Miller bought mules at Miller Union Stock Yards, Atlanta, Ga., and at his direction the vendors delivered them to the Southern Railway Company to be shipped for him to Gainesville, Ga. In this suit he sought to recover damages on account of injuries to the mules.

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Action for damages; from city court of Hall county — Judge Wheeler. April 33, 1917. ■ Miller bought mules at Miller Union Stock Yards, Atlanta, Ga., and at his direction the vendors delivered them to the Southern Railway Company to be shipped for him to Gainesville, Ga. In this suit he sought to recover damages on account of injuries to the mules. He alleged that the injuries were caused by breach of public duty of the railway company to provide a safe means of shipment and a safe, dry, and sanitary car for the shipment of the mules, and that the company was negligent, in that the car…

1Opinion of the CourtLuke, J.

This case is controlled by the decision of the Supreme Court in Central Ry. Co. v. James, 117 Ga. 832 (45 S. E. 223), and the decision of this court in Seaboard Air-Line Ry. v. McRae, 14 Ga. App. 94 (80 S. E. 211). The evidence did not authorize any recovery by the plaintiff, and the court erred in overruling the defendant’s motion for a new trial.

Judgment reversed.

Wade, C. J., and Jenkins, J., concur. E. A. Neely, J. 0. Adams, Ed. Quillian, O. B. Faulkner, for plaintiff in error. W. B. Sloan, contra.

2Cases cited2 opinions

  1. Central of Georgia Railway Co. v. JamesSupreme Court of Georgia · 1903
  2. Seaboard Air-Line Railway v. McRae & Bros.Court of Appeals of Georgia · 1913

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