Southern Railway Co. v. American Whip Co.
Supreme Court of Georgia
Trover. Before Judge Edwards. Douglas superior court. June 17, 1913. W. A. Webb and the American Whip Company brought an action against the Southern Bailway Company, to recover a trunk containing buggy-whips, “to which property your petitioners claim title.” It was alleged that the defendant “refused to deliver the above-described property to your petitioners, or to pay the profits thereof.”
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Trover. Before Judge Edwards. Douglas superior court. June 17, 1913. W. A. Webb and the American Whip Company brought an action against the Southern Bailway Company, to recover a trunk containing buggy-whips, “to which property your petitioners claim title.” It was alleged that the defendant “refused to deliver the above-described property to your petitioners, or to pay the profits thereof.” The' defendant, in its answer, admitted that it was in possession of the property, but did not make any denial of its ownership by the plaintiffs. It admitted that it refused to deliver the property to…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. It was for the jury to determine whether they would give credit to the evidence on behalf of the plaintiffs, or to that on behalf of the defendant. Under the evidence for the plaintiffs the *712defendant was guilty of a conversion. Whether or not it was bound by the agreement of its agent at Suwanee to forward the baggage to the plaintiff Webb, it could not lawfully carry the trunk to Atlanta without his consent, and there deliver it to a terminal or transfer company, with a right in the latter to charge storage upon it. Under the evidence for the…
2Cases cited11 opinions
- Southern Express Co. v. SinclairSupreme Court of Georgia · 1908
- Western & Atlantic Railroad v. TateSupreme Court of Georgia · 1907
- Liptrot v. HolmesSupreme Court of Georgia · 1846
- Richmond & Danville Railroad v. Benson & Co.Supreme Court of Georgia · 1890
- Wilensky v. Central of Georgia Railway Co.Supreme Court of Georgia · 1911
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3Cited by1 opinion
- Atlanta, Birmingham & Coast Railroad v. HartCourt of Appeals of Georgia · 1930