High Co. v. Adams Express Co.
Court of Appeals of Georgia
Attachment, from city court of Atlanta — Judge Eeid. November 28, 1908. The J. M. High Company sued the Adams Express Company for the loss of a package containing five pieces of silk, of the •approximate value of $275, shipped to them from a dealer in New York City, and lost by the carrier..
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Attachment, from city court of Atlanta — Judge Eeid. November 28, 1908. The J. M. High Company sued the Adams Express Company for the loss of a package containing five pieces of silk, of the •approximate value of $275, shipped to them from a dealer in New York City, and lost by the carrier.. The case was, by consent, tried before the judge of the city court on an agreed statement of facts, and he found in favor of the plaintiff the sum of •$50, which was tendered by the defendant in the answer. It appears, from the agreed statement of facts, that the shipper delivered to the express company a…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
The case having been submitted to the judge without the intervention of a jury, on an agreed statement of facts, the only question before this court is whether a verdict for a sum greater than $50 in favor of the plaintiff was demanded by the evidence. We can not say that it is. It is stipulated that the express company did not know of the value of the contents of the package, and. no valuation was given by the shipper. In the light of the general description of the nature of the contents of the package, contained in the receipt, the case does not fall…
2Cases cited3 opinions
- Southern Express Co. v. PopeCourt of Appeals of Georgia · 1909
- Southern Express Co. v. EverettSupreme Court of Georgia · 1868
- Everett v. Southern Express Co.Supreme Court of Georgia · 1872
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- Wiley v. DodsonCourt of Appeals of Georgia · 1922