Southern Express Co. v. Newby
Supreme Court of Georgia
Assumpsit, &c. Motion for new trial. Decided by Judge Gibson. Richmond Superior Court. January Adjourned Term, 1867. . Newby brought an action in the usual form against the Southern Express Company, (a corporation) to recover the value of certain sugars and yarns, alleged to have been lost by the defendant while in its charge as a common carrier from Charlotte, North Carolina, to Richmond, Virginia. The contract for shipment was alleged to have been made in said Charlotte.
Read the full summary
Assumpsit, &c. Motion for new trial. Decided by Judge Gibson. Richmond Superior Court. January Adjourned Term, 1867. . Newby brought an action in the usual form against the Southern Express Company, (a corporation) to recover the value of certain sugars and yarns, alleged to have been lost by the defendant while in its charge as a common carrier from Charlotte, North Carolina, to Richmond, Virginia. The contract for shipment was alleged to have been made in said Charlotte. Before going into trial, the plaintiff proposed to amend his declaration, by charging that the contract for shipment was…
1Opinion of the CourtWalker, J.
1. An Express Company which pursues continuously, for any period of time, the business of transporting goods, packages, etc., is a common carrier; and in ease of the loss of goods entrusted to it to be carried, the presumption of law is against it; and no excuse will avail it, unless the loss was occasioned by the act of God, or public enemies of the State. Rev. Code, Sec. 2040; Fish vs. Chapman, 2 Kelly’s Rep., 349. At common-law a carrier is in the nature of an insurer, and is bound to keep and carry goods entrusted to his care safely, and is liable for all losses, and in all events, except…
2Cited by19 opinions
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Jones v. HogansSupreme Court of Georgia · 1944
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Southern Express Co. v. Rose Co.Supreme Court of Georgia · 1906
- Smith v. DavisSupreme Court of Georgia · 1947
14 more not listed; retrieve them via the Exa API.