Atlantic Coast Line Railroad v. Baker
Supreme Court of Georgia
Certiorari. Before Judge Seabrook. Liberty superior court. January 14, 1903. Baker sued the railroad company, in a justice’s court, for damages on account of the burning of certain cross-ties, alleged to be “ the property of complainant.”
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Certiorari. Before Judge Seabrook. Liberty superior court. January 14, 1903. Baker sued the railroad company, in a justice’s court, for damages on account of the burning of certain cross-ties, alleged to be “ the property of complainant.” From the plaintiff’s evidence at the trial it appeared that he had cut the ties under a verbal contract with Jones, on land of the Wilkins estate and from timber grown thereon, which Jones had leased for the purpose of cutting ties; that under the contract with the plaintiff, Jones was to pay him twelve cents “ for each tie he got out, after the ties had…
1Opinion of the CourtLamar, J.
“ A bailment is a delivery of goods or property for the execution of a special object, beneficial either to the bailor or *810bailee, or both; and upon a contract, express or implied, to carry out this object and dispose of the property in conformity with the purpose of the trust.” Civil Code, § 2894. But delivery under which the bailee acquires an independent and temporarily exclusive possession is essential to the contract of bailment. When, therefore, the owner of timber contracted with another that the latter should convert the trees into ties, and agreed to pay therefor at a certain rate for…
2Cases cited3 opinions
- Thornton v. McDonaldSupreme Court of Georgia · 1899
- Wall v. StateSupreme Court of Georgia · 1886
- Jordan v. JonesSupreme Court of Georgia · 1900
3Cited by19 opinions
- Brown v. Five Points Parking CenterCourt of Appeals of Georgia · 1970
- Southeastern Fair Asso. v. FordCourt of Appeals of Georgia · 1941
- Broaddus v. Commerical Nat. BankSupreme Court of Oklahoma · 1925
- Davidson v. RamsbyCourt of Appeals of Georgia · 1974
- Suits v. Electric Park Amusement Co.Missouri Court of Appeals · 1923
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