Legal Opinion
Central of Georgia Railway Co. v. Eatonton Lumber Co.
Court of Appeals of Georgia
Decided January 27, 1914No. 5239PublishedCited by 4 opinions
Certiorari; from Putnam superior court — Judge James B. Park. September 18, 1913.
1Opinion of the CourtRussell, C. J.
1. This case is controlled by the rulings of this court in Georgia Railroad v. Creety, 5 Ga. App. 424 (63 S. E. 528), and Central Railway Co. v. Willingham, 8 Ga. App. 817 (70 S. E. 199) ; and under the agreed statement of facts, a verdict in favor of the railway company was demanded.
2. Section 2640 of the Civil Code has no application to a suit brought by a railway company +0 recover the difference between the amount actually collected as freight and that which should have been collected under the rules of the State railroad commission; and such a suit would not be barred if brought within…
2Cases cited2 opinions
- Georgia Railroad v. CreetyCourt of Appeals of Georgia · 1909
- Central of Georgia Railway Co. v. WillinghamCourt of Appeals of Georgia · 1911
3Cited by4 opinions
- Cleveland C., C. & St. L. Ry. Co. v. Southern Coal & Coke Co.Tennessee Supreme Court · 1922
- Southern Railway Co v. Southern Cotton Oil Co.Court of Appeals of Georgia · 1917
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Malsby Co.Court of Appeals of Georgia · 1918
- Southern Gravure Corp. v. Cleveland, Cincinnati, Chicago & St. Louis RailroadCourt of Appeals of Georgia · 1928