Hines v. Jackson & Co.
Court of Appeals of Georgia
Action for damages; from Wilkes superior court—-Judge Walker. September 5, 1919. Certain mules were shipped from Atlanta, Ga., to Washington, Ga., at a special rate lower than the regular tariff rate, and under a special contract which provided that “the party of the second part, in consideration of the special rate hereinbefore provided and of the transportation of said animals as aforesaid, hereby covenants and agrees that he will indemnify and save harmless the railway…
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Action for damages; from Wilkes superior court—-Judge Walker. September 5, 1919. Certain mules were shipped from Atlanta, Ga., to Washington, Ga., at a special rate lower than the regular tariff rate, and under a special contract which provided that “the party of the second part, in consideration of the special rate hereinbefore provided and of the transportation of said animals as aforesaid, hereby covenants and agrees that he will indemnify and save harmless the railway company against any and all claims of any persons against the railway company arising out of loss or damage to said live…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.)
The special contract in this case is valid under the laws of Georgia, and the plaintiff is bound by its terms. Georgia Southern & Florida Railway Co. v. Greer, 2 Ga. App. 516 (2), 518 (2) (58 S. E. 782), and cases cited. “The fact that there was in the present case a special contract would not take it out of the rule, that after the plaintiff has proved that the stock were lost or injured while in the possession of the defendants the law would raise a presumption that the defendants were at fault. Such a presumption would in such a case arise, and the…
2Cases cited3 opinions
- Cooper v. Raleigh & Gaston RailroadSupreme Court of Georgia · 1900
- Georgia Southern & Florida Ry. Co. v. GreerCourt of Appeals of Georgia · 1907
- Columbus & Western Railway Co. v. KennedySupreme Court of Georgia · 1887