Georgia Northern Railway Co. v. Snellgrove

1. The original petition alleged certain specific damage resulting from a failure by the carrier to furnish cars for the movement of a shipment of lumber in response to a written application therefor, duly filed, and did not seek a recovery of the penalty provided for by section 2635 of the Civil Code or by any rule of the railroad commission, and the amendment offered by the plaintiff, setting out that the defendant was bound, by a definite express contract to furnish cars for the purpose named, did not add a new and distinct cause of action. The court did not err in overruling the demurrer…