Central of Georgia Railway Co. v. Hall
Supreme Court of Georgia
Action for damages. Before Judge Lewis. Morgan superior court. December 7, 1904. Hall and Crawford brought suit against the Central of Georgia Bailway Company to recover damages for the killing of a‘mare. There was no conflict in the evidence as to the following facts: One White, acting for the plaintiffs, who were the owners of the mare, shipped her from Augusta to Bishop, Georgia, along with several other horses over the defendant’s railroad.
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Action for damages. Before Judge Lewis. Morgan superior court. December 7, 1904. Hall and Crawford brought suit against the Central of Georgia Bailway Company to recover damages for the killing of a‘mare. There was no conflict in the evidence as to the following facts: One White, acting for the plaintiffs, who were the owners of the mare, shipped her from Augusta to Bishop, Georgia, along with several other horses over the defendant’s railroad. The train came to a standstill and was divided into two sections, with one of which the engineer proceeded. At a point on the road the engineer said…
1Opinion of the CourtLuMRKiN, J.
1-3. In cases of loss the presumption of law is against a common carrier, and no excuse avails him unless it was occasioned by the act of God or the public enemies of the State. “A common carrier can not limit his legal liability by any notice given, either by publication or by entry on receipts given or tickets sold. He may make an express contract, and will then be governed thereby.” Civil Code, §§2264, 2276. Construing these two sections together, the latter does not intend to permit a common carrier to relieve himself of the duty of exercising diligence; but by special contract to relieve…
2Cases cited50 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Inman v. StateSupreme Court of Georgia · 1884
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Williams v. . HaysNew York Court of Appeals · 1894
- McArthur v. SearsNew York Supreme Court · 1839
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3Cited by52 opinions
- Standard Oil Co. v. ReaganCourt of Appeals of Georgia · 1915
- Savannah Electric Co. v. WheelerSupreme Court of Georgia · 1907
- Freeman v. MartinCourt of Appeals of Georgia · 1967
- Goble v. Louisville & Nashville RailroadSupreme Court of Georgia · 1938
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
47 more not listed; retrieve them via the Exa API.