Louisville & Nashville Railroad v. Venable
Supreme Court of Georgia
Action for damages. Before Judge Roan. DeKalb superior-court. May 2, 1908. A number of cars of cut stone were shipped from Stone Mountain, Ga., to Vicksburg, Miss. When delivered the stone was broken and damaged.
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Action for damages. Before Judge Roan. DeKalb superior-court. May 2, 1908. A number of cars of cut stone were shipped from Stone Mountain, Ga., to Vicksburg, Miss. When delivered the stone was broken and damaged. On the trial of a suit against the initial carrier the only matter of defense insisted upon was that the plaintiffs recovery should be limited to 20 cents per cubic foot of stone, shipped; but the court allowed the plaintiff to recover on the basis-of actual value as proved.. The bills of lading covering the shipments were alike, save as to number and description of cars, weights,,…
1Opinion of the CourtAtkinson, J.
1. Under the evidence in this ease it could not be held as matter of law that the shippers of the stone which was damaged were limited in their recovery to an amount» stated in the bills of lading, if such damage resulted from negligence on the part of the carrier; and it being admitted on the trial that there was no issue in the case, as presented by the evidence, except the construction of the bills of lading introduced, there was no error in directing a verdict for the *502plaintiff for the amount admitted by the defendant to be due if the1 court’s construction of the bill of lading was…
2Cases cited4 opinions
- Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Georgia Southern & Florida Railway Co. v. Johnson, King & Co.Supreme Court of Georgia · 1904
- Central of Georgia Railway Co. v. City Mills Co.Supreme Court of Georgia · 1907
3Cited by3 opinions
- Hooker v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Central of Georgia Railway Co. v. Butler Marble & Granite Co.Court of Appeals of Georgia · 1910
- Southern Railway Co. v. FlemingCourt of Appeals of Georgia · 1913