Seaboard Air-Line Railway v. Luke
Court of Appeals of Georgia
Certiorari; from Irwin superior court—Judge George. May 17, 1916. In November, 1909, J. C. Luke bought a carload of automobiles from the Beo Motor-Car Company, at Lansing, Michigan. When the car was shipped the automobile company obtained from the Lake Shore Bailroad Company, the initial carrier, a bill of lading of the "order-notify” type.
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Certiorari; from Irwin superior court—Judge George. May 17, 1916. In November, 1909, J. C. Luke bought a carload of automobiles from the Beo Motor-Car Company, at Lansing, Michigan. When the car was shipped the automobile company obtained from the Lake Shore Bailroad Company, the initial carrier, a bill of lading of the "order-notify” type. The shipment was consigned to the order of B. M. Owens & Co., notify J. C. Luke, Ocilla, Georgia, and was routed by the shipper over various connecting railroad lines, the last of the carriers being the Seaboard Air-Line Bail-way. The bill of lading was…
1Opinion of the CourtBroyles, J.
(After stating the foregoing facts.) Section 4361 of the Civil Code .provides that “All actions upon promissory notes, bills of exchange, or other simple contracts in writing shall be brought within six years after the same become due and payable.” A bill of lading is a written contract. McElveen v. Southern Railway Co., 109 Ga. 249 (34 S. E. 281, 77 Am. St. R. 371); 1 Hutchinson on Carriers (3d ed.), § 157. The particular bill of lading in this case provides as follows: “It is mutually agreed as to each carrier of all or any of said property over all or any portion of said route to…
2Cases cited13 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Great Northern Railway Co. v. O'ConnorSupreme Court of the United States · 1914
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- Chicago, Rock Island & Pacific Railway Co. v. CramerSupreme Court of the United States · 1914
- Georgia Railroad v. CreetyCourt of Appeals of Georgia · 1909
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- Moss Lumber Co. v. Michigan Cent. R. Co.Supreme Court of Alabama · 1929
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