Purcell v. Southern Express Co.
Supreme Court of Georgia
Complaint. In Bichmond. Superior Court. Tried before Judge Hook. October Term, 1865. This was an action by Purcell against the Express Company, as a common carrier between Augusta, Ga., -and Wilmington, N. C., for damages for failure to carry safely, and deliver at the latter point, thirty-three bales of cotton. The plaintiff’s evidence was, in substance, as follows: Doughty — Proved the weight and quality of the cotton, and its value at Augusta.
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Complaint. In Bichmond. Superior Court. Tried before Judge Hook. October Term, 1865. This was an action by Purcell against the Express Company, as a common carrier between Augusta, Ga., -and Wilmington, N. C., for damages for failure to carry safely, and deliver at the latter point, thirty-three bales of cotton. The plaintiff’s evidence was, in substance, as follows: Doughty — Proved the weight and quality of the cotton, and its value at Augusta. Kiddell — Proved the price of cotton at Wilmington. J. B. Wilson — Proved his agency for the defendant and the signing of a receipt by him as such.…
1Opinion of the CourtWalkee, J.
*320[1.] “ A common carrier cannot limit Ms 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 then will be governed thereby.” Code, Sec. 2041. If a common carrier may make an express contract, certainly he will be allowed to prove it; and, as he would not be allowed to limit his liability by an entry on a receipt given, so, of course, he will be permitted to prove it by alitmde testimony. Evidence, then, aside from the receipt, was most clearly admissible to prove an express contract. In this case, we…
2Cited by6 opinions
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Cooper v. Raleigh & Gaston RailroadSupreme Court of Georgia · 1900
- Richmond & Danville Railroad v. ShomoSupreme Court of Georgia · 1892
- Savannah, Florida & Western Ry. Co. v. Sloat Bros.Supreme Court of Georgia · 1894
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