Legal Opinion

Savannah, F. & W. Railway Co. v. Decker

Supreme Court of Georgia

Decided July 16, 1894PublishedCited by 3 opinions

Motion to enter judgment. Before Judge MacDonell. City court of Savannah. July term, 1898. Decker & Fawcett sued the railway company to the May term, 1891, of the city court, for failure of defendant to safely carry and deliver to plaintiffs certain cotton.

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Motion to enter judgment. Before Judge MacDonell. City court of Savannah. July term, 1898. Decker & Fawcett sued the railway company to the May term, 1891, of the city court, for failure of defendant to safely carry and deliver to plaintiffs certain cotton. The parties agreed in writing to submit the controversy to the judgment and award of Dancy chosen by plaintiffs, and "Warren chosen by defendant, “ said arbitrators so chosen having the right if they deem necessary to call in an umpire that “ when said arbitrators shall agree upon an award,” the same should be by them or either of them…

1Opinion of the Court

Simmons, Justice.

1. The plaintiffs brought their action in the city court of Savannah against the railway company for an alleged failure by the defendant to carry and deliver safely certain cotton, by reason of which failure the cotton was lost to the plaintiffs. Pending the suit the parties *152agreed to submit the matter in controversy to arbitration. In the submission two arbitrators were named,, one chosen by the plaintiffs and the other by the defendant, who were empowered to choose an umpire, and it. was agreed that when the arbitrators should agree upon an award, it should be returned by…

2Cited by3 opinions

  1. Palatine Insurance Co. v. GillelandCourt of Appeals of Georgia · 1949
  2. Train v. EmersonSupreme Court of Georgia · 1910
  3. Twait v. Farmers Mutual Hail Insurance Co. of IowaSupreme Court of Iowa · 1958

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