Southern Railway Co. v. Born Steel Range Co.
Supreme Court of Georgia
Action for damages. Before Judge Seabrook. Chatham superior court. January 26, 1906. By consent of the parties this case was tried by the presiding' judge, without the intervention of a jury, upon the following-agreed statement of facts, together with certain documentary evidence thereto attached: On October 25, 1901, the Born Steel Range Company, shipped by the Wheeling and Lake Erie Railroad Company, at Cleveland, Ohio, one range, with accompanying fixtures, to E. W.…
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Action for damages. Before Judge Seabrook. Chatham superior court. January 26, 1906. By consent of the parties this case was tried by the presiding' judge, without the intervention of a jury, upon the following-agreed statement of facts, together with certain documentary evidence thereto attached: On October 25, 1901, the Born Steel Range Company, shipped by the Wheeling and Lake Erie Railroad Company, at Cleveland, Ohio, one range, with accompanying fixtures, to E. W. Foster, at Savannah, Ga. The shipment was transported by that company and its connecting lines, being duly turned over to the…
1Opinion of the CourtEvans, J.
(After stating the facts.) It affirmatively appears that the defendant railway company duly performed its duty as a common carrier to safely transport the shipment to destination. After placing the shipment in a place of safety, the liability of the company as an insurer ceased and its liability as a warehouseman began, unless the local custom prevailing in Savannah as to giving notice to consignees entered into and became a part of the contract of shipment. Ga. & Ala. Ry. v. Pound, 111 Ga. 6. However this may be, the company is not chargeable with any default in failing to observe this local…
2Cases cited3 opinions
- American Sugar Refining Co. v. McGheeSupreme Court of Georgia · 1895
- Georgia & Alabama Railway v. PoundSupreme Court of Georgia · 1900
- Pennsylvania Steel Co. v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1894
3Cited by2 opinions
- Jelks v. Philadelphia & Reading Railway Co.Court of Appeals of Georgia · 1913
- Bailey v. Georgia RailroadCourt of Appeals of Georgia · 1925