Legal Opinion

Lewis v. Ocean Steamship Co.

Court of Appeals of Georgia

Decided January 30, 1913No. 4183PublishedCited by 1 opinion

Action for damages; from city court of Savannah.—Judge Davis-Freeman. April 17, 1913. The action was against the Ocean Steamship- Company and the Seaboard Air-Line Eailway. From the evidence it appears, that the plaintiff delivered to an agent of the White Star Transfer Company, on her arrival in New York, a baggage-check of the-Erie Eailroad Company, for her trunk, and directed that the trunk be delivered at the Ocean Steamship Company’s pier in that-city.

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Action for damages; from city court of Savannah.—Judge Davis-Freeman. April 17, 1913. The action was against the Ocean Steamship- Company and the Seaboard Air-Line Eailway. From the evidence it appears, that the plaintiff delivered to an agent of the White Star Transfer Company, on her arrival in New York, a baggage-check of the-Erie Eailroad Company, for her trunk, and directed that the trunk be delivered at the Ocean Steamship Company’s pier in that-city. The agent of the transfer company, on receiving this check, delivered to her, in exchange for it, a transfer check of his company. She…

1Opinion of the CourtRussell, J.

In our opinion the learned trial judge erred in awarding a nonsuit and dismissing the plaintiff’s case. The case is virtually controlled by the ruling of this court in Atlanta Baggage & Cab Co. v. Mizo, 4 Ga. App. 407 (61 S. E. 844), although there is some difference between the eases in immaterial features. The defendants contend that the nonsuit was proper because the instant case is controlled by the ruling of the Supreme Court in Bridges v. Southern Ry. Co., 137 Ga. 107 (72 S. E. 892). As this court is bound to follow the rulings of the Supreme Court, as precedents, we will first consider…

2Cases cited7 opinions

  1. Camden & Amboy Rail Road & Transportation Co. v. BurkeNew York Supreme Court · 1835
  2. Hickox v. Naugatuck RailroadSupreme Court of Connecticut · 1863
  3. Davis v. Michigan Southern & Northern Indiana RailroadIllinois Supreme Court · 1859
  4. Atlanta Baggage & Cab Co. v. MizoCourt of Appeals of Georgia · 1908
  5. Ahlbeck v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888

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3Cited by1 opinion

  1. Nashville, Chattanooga & St. Louis Ry. v. HamCourt of Appeals of Georgia · 1948

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