Legal Opinion

Southern Railway Co. v. Maddox

Court of Appeals of Georgia

Decided April 19, 1910No. 2240PublishedCited by 3 opinions

Certiorari; from Fulton superior court — Judge Bell. September 25, 1909.

1Opinion of the CourtHill, C. J.

1. Where the consignor makes the contract of shipment with the carrier, he may bring an action for failure to deliver the goods to the consignee, although the title to the property may be in the consignee. Atlantic Coast Line R. Co. v. Meinhard, 133 Ga. 684 (66 S. E. 897). The contract of carriage having been made with the consignor, he would have the right to sue for its breach. The recovery would inure to the benefit of the real owner. Southern Ry. Co. v. Johnson, 2 Ga. App. 36 (58 S. E. 333) ; Carter v. Southern Ry. Co., 111 Ga. 38 (36 S. E. 308, 50 L. R. A. 354), and cases cited.

2. The…

2Cases cited3 opinions

  1. Carter v. Southern Railway Co.Supreme Court of Georgia · 1900
  2. Southern Railway Co. v. JohnsonCourt of Appeals of Georgia · 1907
  3. Atlantic Coast Line R. Co. v. Meinhard, Schaul & Co.Supreme Court of Georgia · 1909

3Cited by3 opinions

  1. Fine & Brother v. Southern Express Co.Court of Appeals of Georgia · 1911
  2. Black v. Southern Railway Co.Court of Appeals of Georgia · 1934
  3. Cherokee Graphite & Chemical Co. v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1915

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