Redd v. Muscogee Railroad
Supreme Court of Georgia
Estoppel. 'Title. Confederate States. In pari delicto. Railroads. Before John Peabody, Esq., an attorney at law, presiding by consent. Muscogee Superior Court.
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Estoppel. 'Title. Confederate States. In pari delicto. Railroads. Before John Peabody, Esq., an attorney at law, presiding by consent. Muscogee Superior Court. May Term, 1872. James K. Redd, as executor upon the estate of Owen Thomas, deceased, brought case against the Muscogee Railroad Company, alleging- that the defendant had damaged him in the sum of $2,500 00; for that, on August 1st, 1861, plaintiff was possessed of a negro man named Floyd, of the value of $2,000 00, and the defendant was possessed of and had charge of the Muscogee Railroad, and not regarding its duty while the said…
1Opinion of the Court
McCay, Judge.
1. Whatever may have been the truth as to the real ownership • of this slave, the conduct of Mr. Thomas in permitting Thweatt to “use him as his own,” justifies persons without notice of the truth, in recognizing Thweatt as the owner. We do not think, therefore, that the railroad company was guilty of a conversion in taking the boy away from Columbus under Thweatt’s consent or directions.
2. On the general question argued here, and decided by’ the Judge below, we think the Judge was right. If the war with the United States was illegal, the men who, in an organized capacity,…
2Cited by9 opinions
- Hughes v. Atlanta Steel Co.Supreme Court of Georgia · 1911
- Western Union Telegraph Co. v. Blanchard, Williams & Co.Supreme Court of Georgia · 1882
- Capital Automobile Co. v. WardCourt of Appeals of Georgia · 1936
- Allen v. GorntoCourt of Appeals of Georgia · 1959
- Little v. Southern Railway Co.Supreme Court of Georgia · 1904
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