Savannah, Florida & Western Railway Co. v. Talbot
Supreme Court of Georgia
Equitable petition. Before Judge Mitchell. Lowndes superior court. November 22,. 1904. This case arose upon a petition brought by T. M. Talbot against the Savannah, Florida and Western Railway Company, to enjoin it from selling a certain mare under a claim of lien, as provided by the Civil Code, §§ 2303, 2304, for freight charges.
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Equitable petition. Before Judge Mitchell. Lowndes superior court. November 22,. 1904. This case arose upon a petition brought by T. M. Talbot against the Savannah, Florida and Western Railway Company, to enjoin it from selling a certain mare under a claim of lien, as provided by the Civil Code, §§ 2303, 2304, for freight charges. The petition alleged, that the plaintiff is the owner of a certain dark bay mare of the value of $300, which is held by the defendant; that the defendant is seeking to wrongfully sell the mare under the named sections of the code, under a claim of lien for the sum…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1. The right of the railroad company to collect its transportation charges is dependent upon whether the person who started the shipment of the mare from Columbus to Yaldosta had authority to direct such shipment. It is contended that Leonard Johnson, who was in charge of the mare when it left Rochester, New York, was clothed by the consignor with apparent authority to direct this shipment from Columbus to Yaldosta. The bill of lading which the New York Central and Hudson River Railroad Company issued to Foster stated that there was a man in charge of the “horse.” *384Th…
2Cases cited1 opinion
- Hay v. CollinsSupreme Court of Georgia · 1903
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- Heard v. PittardSupreme Court of Georgia · 1954
- Lancaster v. RalstonCourt of Appeals of Georgia · 1938
- Southern Railway Co. v. American Whip Co.Supreme Court of Georgia · 1914
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