Legal Opinion
Southern Railway Co v. Southern Cotton Oil Co.
Court of Appeals of Georgia
Decided March 15, 1917No. 7646PublishedCited by 6 opinions
Certiorari; from Bibb superior court—Judge Mathews. June 30, 1916.
1Opinion of the CourtWade, C. J.
1. Where a common carrier accepts goods for transportation without prepayment of charges, agreeing to collect the charges from the consignee, and the consignee fails to pay them, the consignor is still liable therefor to the carrier. Jelks v. Philadelphia & Reading Railway Co., 14 Ga. App. 96 (80 S. E. 216).
2. A railroad company which, through mistake • or negligence, has failed to collect from a consignee the charges due for transportation is not estopped from recovering them from the consignor, merely because of failure to sue therefor until after the consignee (who by agreement with the…
2Cases cited2 opinions
- Jelks v. Philadelphia & Reading Railway Co.Court of Appeals of Georgia · 1913
- Central of Georgia Railway Co. v. Eatonton Lumber Co.Court of Appeals of Georgia · 1914
3Cited by6 opinions
- Cleveland C., C. & St. L. Ry. Co. v. Southern Coal & Coke Co.Tennessee Supreme Court · 1922
- New York Central Railroad v. Philadelphia & Reading Coal & Iron Co.Illinois Supreme Court · 1918
- Seaboard Air-Line Railway Co. v. MontgomeryCourt of Appeals of Georgia · 1922
- Southern Cotton Oil Co. v. Southern Railway Co.Supreme Court of Georgia · 1918
- Western & Atlantic Railroad v. LeggCourt of Appeals of Georgia · 1924
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