Georgia Railroad v. Spears
Supreme Court of Georgia
Railroads. Damages. Negligence. Contracts. Common Carriers. Before Judge Snead. Richmond Superior Court. October Term, 1880. To the report-contained in the decision it is only necessary tó add that the following were among the grounds of the motion for new trial: (1.) Because the court refused to charge the following request of defendant’s counsel: “ That the defendant is not a common carrier of animals unless it holds itself out as such ; and not being a common carrier as…
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Railroads. Damages. Negligence. Contracts. Common Carriers. Before Judge Snead. Richmond Superior Court. October Term, 1880. To the report-contained in the decision it is only necessary tó add that the following were among the grounds of the motion for new trial: (1.) Because the court refused to charge the following request of defendant’s counsel: “ That the defendant is not a common carrier of animals unless it holds itself out as such ; and not being a common carrier as to animals, it is bound only to exercise ordinary diligence in their transportation.” (2.) Because the court refused to…
1Opinion of the Court
Crawford, Justice.
James J. Spears brought suit against the Georgia Railroad and Banking Company, to recover the value of a certain mare alleged to have been lost from improper care and management in the loading, shifting, and caring for her in transit from Atlanta to Augusta on its said railroad.
The defendant pleaded the general issue, and special pleas that it was not a common carrier of live freight, and was bound as to such freight only to ordinary diligence ; that defendant was not guilty of any degree of negligence; that the obligation of defendant was this and no more; viz: To furnish…
2Cases cited4 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
- Evans v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Ainsworth v. AinsworthSupreme Court of Georgia · 1868
3Cited by11 opinions
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Louisville & Nashville Railroad v. Warfield & LeeSupreme Court of Georgia · 1907
- Cooper v. Raleigh & Gaston RailroadSupreme Court of Georgia · 1900
- Lewis v. Pennsylvania RailroadSupreme Court of New Jersey · 1903
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