Seaboard Air-Line Railway Co. v. Roberds

Broyles, 0. J.

1. Where a railway company has a claim against A for storage charges only, it is a bailee for hire (Netzow Mfg. Co. v. Southern Ry. Co., 7 Ga. App. 163, 63 S. E. 399) ; and any sale by the railway company of the properly stored, for the purpose of obtaining pay for its storage charges, must be in conformity with the provisions of section 3366 of the Civil Code (1910). A sale of the property in accordance with the provisions of section 2757 of the Civil Code is an illegal sale and amounts to a conversion of the property by the railway company; and after such a sale, A Avould be…