Atlantic Coast Line Railroad v. Powell
Supreme Court of Georgia
Action for damages. Before Judge Cann. Chatham superior cpnrt. June 24, 1907. This was a suit by Henderson & Powell, a partnership, against the Atlantic Coast Line Eailroad Company, to recover the value of a bale of cotton, and also the statutory penalty for failure to trace freight.
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Action for damages. Before Judge Cann. Chatham superior cpnrt. June 24, 1907. This was a suit by Henderson & Powell, a partnership, against the Atlantic Coast Line Eailroad Company, to recover the value of a bale of cotton, and also the statutory penalty for failure to trace freight. The case was tried upon an agreed statement of facts, the material part of which is as follows: The Brunswick '& Birmingham Eailroad Company owned and operated a line of railroad between Offerman, Georgia, and Ocilla, Georgia, and the Atlantic Coast Line Eailroad Company owned and operated a line of railroad from…
1Opinion of the CourtEvans, P. J.
(After stating the facts.)
1. The petition contained two counts. The first was predicated upon the Civil Code, §2298, seeking a recovery against the defendant as the last connecting carrier receiving the goods as in good order. From the agreed statement of facts it appears that the defendant, as a connecting carrier, received two cars containing cotton from the initial carrier, and gave its receipt for the freight as in apparent good order. At the time the ears were turned over to the defendant they were in good condition, the seals were unbroken, and there was no indication that they had been…
2Cases cited10 opinions
- Central Railroad v. HasselkusSupreme Court of Georgia · 1893
- Falvey v. Georgia RailroadSupreme Court of Georgia · 1886
- East Tennessee, Virginia & Georgia Railway Co. v. Johnson & ShahanSupreme Court of Georgia · 1890
- Goodin v. Southern Railway Co.Supreme Court of Georgia · 1906
- J. Mosher & Co. v. Southern Express Co.Supreme Court of Georgia · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Southern Pacific Co. v. CrenshawCourt of Appeals of Georgia · 1909
- Albany & Northern Railway Co. v. Merchants & Farmers BankSupreme Court of Georgia · 1912
- Brooke v. Nashville, Chattanooga & Saint Louis Railway Co.Court of Appeals of Georgia · 1908
- Southern Railway Co. v. Frank & Co.Court of Appeals of Georgia · 1909
- Nashville, Chattanooga & St. Louis Railway v. SparkmanCourt of Appeals of Tennessee · 1928
1 more not listed; retrieve them via the Exa API.