Central of Georgia Railway Co. v. Chicago Portrait Co.
Supreme Court of Georgia
Action for damages. Before Judge Hobbs. City court of Albany. July 12, 1904. The Chicago Portrait Company brought suit against the Central of Georgia Railway Company, alleging that it delivered to the railway company in Chicago five boxes of non-perishable merchandise, to be transported by the defendant and its connecting carriers to Albany, Georgia; that the merchandise was delivered to the defendant company and by it transported to its destination; that it readied Albany…
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Action for damages. Before Judge Hobbs. City court of Albany. July 12, 1904. The Chicago Portrait Company brought suit against the Central of Georgia Railway Company, alleging that it delivered to the railway company in Chicago five boxes of non-perishable merchandise, to be transported by the defendant and its connecting carriers to Albany, Georgia; that the merchandise was delivered to the defendant company and by it transported to its destination; that it readied Albany in good order; and that the defendant converted the s.ame by causing it to be shipped to Savannah, Georgia, as unclaimed…
1Opinion of the CourtCobb, J.
1. We think, the petition can be properly construed as seeking to recover for a tort committed in converting the goods.. But even if the language of the petition is equivocal, any doubt as to its meaning is to be resolved by construing it as an action for a tort, rather than as an action for a breach of the contract of transportation. It has been said that in cases where the plaintiff has a right to elect to sue either upon a contract or for a tort arising out of a breach of duty under the contract, the petition, if *13equivocal in its terms, will be construed as claiming damages for the tort.…
2Cases cited5 opinions
- Traders Insurance v. MannSupreme Court of Georgia · 1903
- Georgia Southern & Florida Railway Co. v. Johnson, King & Co.Supreme Court of Georgia · 1904
- Aiken v. Southern Railway Co.Supreme Court of Georgia · 1903
- Georgia Railroad & Banking Co. v. CrawleySupreme Court of Georgia · 1891
- Pferdmenges, Preyer & Co. v. Butler, Stevens & Co.Supreme Court of Georgia · 1903
3Cited by20 opinions
- The SarniaCourt of Appeals for the Second Circuit · 1921
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- Elder, Dempster & Co. v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1913
- Wall v. WallSupreme Court of Georgia · 1933
- Merchants & Miners Transportation Co. v. Moore & Co.Supreme Court of Georgia · 1905
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