Riverside Milling & Power Co. v. Seaboard Air-Line Railway
Court of Appeals of Georgia
Action for damages; from city court of Cartersville — Judge Route. The Riverside Milling and Power Company sued the railway company, alleging, in substance, that on or about March 29, 1907, certain cars loaded with corn and billed to the plaintiff arrived in Cartersville, Georgia, from Kansas City, via the defendant’s railroad, but, as the corn had been ordered delivered over a different line of railroad, the plaintiff was not obligated to accept it when tendered on the…
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Action for damages; from city court of Cartersville — Judge Route. The Riverside Milling and Power Company sued the railway company, alleging, in substance, that on or about March 29, 1907, certain cars loaded with corn and billed to the plaintiff arrived in Cartersville, Georgia, from Kansas City, via the defendant’s railroad, but, as the corn had been ordered delivered over a different line of railroad, the plaintiff was not obligated to accept it when tendered on the defendant’s tracks; that on being notified that these cars of corn were in Cartersville, the plaintiff inquired of the…
1Opinion of the CourtRussell, J.
The court did not err in sustaining the general demurrer and 'dismissing the plaintiff’s petition. The petition,.as amended, was fatally defective, in that it did not appear therefrom that it was within the power and authority of the defendant to grant the milling-in-transit privilege. Under the act of Congress of June 29, 1906, c. 3951, 34 Stat. 584 (U. S. Comp. St. Supp. 1907, p. 892; Supp. 1909, p. 1149), regulating interstate transportation, a carrier could not grant this special contract, unless the rate had been approved by the interstate-commerce commission. The petition did not allege…
2Cases cited2 opinions
- Savannah, Florida & Western Railway Co. v. BundickSupreme Court of Georgia · 1894
- Walker v. CarpenterCourt of Appeals of Georgia · 1909