Atlanta & West Point Railroad v. Texas Grate Co.
Supreme Court of Georgia
Railroads. Common carriers. Actions. Pleadings. Evidence. Contracts. Principal and agent. Parties. Damages. Before Judge Marshall J. Clarke. Pulton superior court.
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Railroads. Common carriers. Actions. Pleadings. Evidence. Contracts. Principal and agent. Parties. Damages. Before Judge Marshall J. Clarke. Pulton superior court. September term, 1887. r In September, 1884, the Texas Grate Company, a corporation, sued the Atlanta & West Point Railroad Company, in an action of damages for failure to deliver thirty grates shipped from Atlanta, Georgia, to Dallas, Texas, by Withers & Holland, on March 17th, 1884, and to be delivered to plaintiff or to H. M. Beaty & Co. for plaintiff. The declaration was amended in October* 1886, bringing in 20 more grates,…
1Opinion of the Court
Bleckley, Chief Justice.
1. The declaration, as framed originally, alleges a *605contract to deliver, in the alternative, to the plaintiff or H. M. Beaty & Co. for the plaintiff. The amendment alleges two contracts to deliver for the plaintiff, but without specifying to whom. The evidence wholly fails to establish any contract whatsoever to deliver to the plaintiff or for the plaintiff’. The bills of lading designate II. M. Beaty & Co. as consignees, and the evidence of Holland, who made with the railroad official the contract on which they were founded, shows that the undertaking was as the…
2Cases cited3 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Falvey v. Georgia RailroadSupreme Court of Georgia · 1886
- Woodruff v. McGeheeSupreme Court of Georgia · 1860
3Cited by9 opinions
- Central Railroad v. HasselkusSupreme Court of Georgia · 1893
- Central of Georgia Railway Co. v. JamesSupreme Court of Georgia · 1903
- Coaling Coal & Coke Co. v. HowardSupreme Court of Georgia · 1908
- Wilensky v. Central of Georgia Railway Co.Supreme Court of Georgia · 1911
- East Tennessee, Virginia & Georgia Railway Co. v. Johnson & ShahanSupreme Court of Georgia · 1890
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