Central of Georgia Ry. Co. v. O'Neill Mfg. Co.
Court of Appeals of Georgia
Certiorari; from Floyd superior court—Judge Wright. July 6, 1916. Freight charges at the rate of 56 cents a hundred pounds, instead of the correct rate of 66 cents fixed by schedule filed with the interstate-commerce commission, were collected from the consignee by the Central of Georgia Railway Company on goods routed and shipped from Clarksburg, West Virginia, to Rome, Georgia, on a through bill of lading, over the Baltimore & Ohio Railroad, the Queen and Crescent Line,…
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Certiorari; from Floyd superior court—Judge Wright. July 6, 1916. Freight charges at the rate of 56 cents a hundred pounds, instead of the correct rate of 66 cents fixed by schedule filed with the interstate-commerce commission, were collected from the consignee by the Central of Georgia Railway Company on goods routed and shipped from Clarksburg, West Virginia, to Rome, Georgia, on a through bill of lading, over the Baltimore & Ohio Railroad, the Queen and Crescent Line, and the Central of Georgia Railway. Suit against the consignee for the difference in amount between these rates was…
1Opinion of the Court
Bloodworth, J..1. The freight charges for the transportation of an interstate shipment are fixed by the schedules and joint tariffs then in effect, and filed and posted in accordance with the act of Congress of June 29, 1906, known as the “Hepburn act;” and'though a common carrier, by mistake or otherwise, delivers goods upon the payment of a lower rate than that stated in the tariffs, it may thereafter demand and recover of the consignee (who has adopted the carrier’s contract of affreightment with the shipper) the difference between the amount of freight charges actually paid to the…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- Georgia Railroad v. CreetyCourt of Appeals of Georgia · 1909
- Savannah, Florida & Western Railway Co. v. BundickSupreme Court of Georgia · 1894
- Central of Georgia Railway Co. v. WillinghamCourt of Appeals of Georgia · 1911
- Seaboard Air-Line Railway v. LukeCourt of Appeals of Georgia · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Western & Atlantic Railroad v. LeggCourt of Appeals of Georgia · 1924
- Moss Lumber Co. v. Michigan Cent. R. Co.Supreme Court of Alabama · 1929
- Central of Georgia Railway Co. v. City Supply Co.Court of Appeals of Georgia · 1926