Callaway & Truitt v. Southern Railway Co.
Supreme Court of Georgia
Appeal. Before Judge Pendleton. Fulton superior court. May 8, 1905. The plaintiffs brought suit in a justice’s court.to recover $63.50' as damages which resulted to them by reason of the following facts: “'Your petitioners shipped over defendant company’s road certain goods to Peri, Florida, consigned as per bill of lading to Callaway <& Truitt.
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Appeal. Before Judge Pendleton. Fulton superior court. May 8, 1905. The plaintiffs brought suit in a justice’s court.to recover $63.50' as damages which resulted to them by reason of the following facts: “'Your petitioners shipped over defendant company’s road certain goods to Peri, Florida, consigned as per bill of lading to Callaway <& Truitt. Defendant company delivered said goods to the Owens Company, without any instructions from your petitioners, thereby violating their contract of shipment and damaging petitioners to the amount of $63.50 as aforesaid.” Upon the trial the jury found for…
1Opinion of the CourtAtkinson, J.
1. It is insisted by the plaintiffs that the ruling of the court was erroneous for two reasons: 'first, because the evidence did not require a verdict in favor of the defendant; and second, because, though the plaintiffs failed to make out a case, the court should not have made a final disposition of the case by directing a verdict for the defendant. Upon the first proposition, we think the ease is controlled by the ruling in Southern Ry. Co. v. Kinchen, 103 Ga. 187. There is no substantial difference between the cases. In that case, a thirty-day draft was made by the consignor upon the…
2Cases cited1 opinion
- Montgomery v. FoucheSupreme Court of Georgia · 1906
3Cited by4 opinions
- Peek v. IrwinSupreme Court of Georgia · 1927
- Sampson v. SampsonCourt of Appeals of Georgia · 1932
- Louisville & Nashville Railroad v. Campbell Lumber Co.Court of Appeals of Georgia · 1932
- Railway & Express Co. v. DeRoySuperior Court of Pennsylvania · 1933