Legal Opinion

Western & Atlantic Railroad v. Waldrip

Court of Appeals of Georgia

Decided June 23, 1916No. 6943PublishedCited by 7 opinions

Appeal; from Gordon superior court — Judge Pite. September 3, 1915.

1Opinion of the CourtWade, C. J.

1. A carrier is bound to exercise ordinary diligence (Civil Code, § 2711), and a common carrier to use extraordinary diligence. Civil Code, § 2712. A private carrier “is bound only to exercise reasonable care in respect to the goods, but is liable for failure to use ordinary care.” 1 Michie on Carriers, 726. All persons who undertake, for hire, to carry goods of another are either private carriers or com*264mou carriers. Private carriers are liable only for injury or loss resulting from the failure of themselves or their servants to exercise ordinary care, but common carriers are liable as…

2Cases cited4 opinions

  1. Cooper v. Raleigh & Gaston RailroadSupreme Court of Georgia · 1900
  2. Georgia Railroad v. SpearsSupreme Court of Georgia · 1881
  3. Georgia Southern & Florida Ry. Co. v. GreerCourt of Appeals of Georgia · 1907
  4. Nashville, Chattanooga & St. Louis Railway v. Truitt Co.Court of Appeals of Georgia · 1914

3Cited by7 opinions

  1. Hamby v. CrispCourt of Appeals of Georgia · 1934
  2. Atlanta Laundries Inc. v. GoldbergCourt of Appeals of Georgia · 1944
  3. Pelham Phosphate Co. v. DanielsCourt of Appeals of Georgia · 1918
  4. City of Lafayette v. RosserCourt of Appeals of Georgia · 1936
  5. Stewart v. WilsonCourt of Appeals of Georgia · 1955

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