Legal Opinion
J. F. Barton Contracting Co. v. Southern Railway Co.
Court of Appeals of Georgia
Decided March 9, 1989No. 77729, 77730PublishedCited by 4 opinions
1Opinion of the Court
Pope, Judge.
In 1974, appellees filed suit in Clayton County Superior Court against appellant seeking to collect demurrage charges allegedly owed by appellant. These actions were brought pursuant to the provisions of the federal Interstate Commerce Act. (Currently codified as 49 USCA § 101 et seq.) No orders were filed in the cases between 1982 and 1987. To avoid the automatic dismissal of the cases mandated by OCGA § 9-11-60, appellees voluntarily dismissed the cases and refiled the actions in Fulton County (where appellant had moved its registered agent for service) pursuant to the…
2Cases cited4 opinions
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Midstate Horticultural Co. v. Pennsylvania RailroadSupreme Court of the United States · 1943
- Swint v. SmithSupreme Court of Georgia · 1964
- Smith v. Seaboard System Railroad, Inc.Court of Appeals of Georgia · 1986
3Cited by4 opinions
- Exel Transportation Services, Inc. v. Sigma Vita, Inc.Court of Appeals of Georgia · 2007
- Kennedy Tank & Mfg. Co., Inc., and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert InternationalIndiana Court of Appeals · 2016
- Kennedy Tank & Mfg. Co., Inc., and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert InternationalIndiana Court of Appeals · 2016
- Parham v. Norfolk Southern Railway Co.Court of Appeals of Georgia · 1992