Central of Georgia Railway Co. v. Butler Marble & Granite Co.
Court of Appeals of Georgia
Action for damages; from city court of Amerieus — Judge Crisp. June 14, 1909. The Butler Marble &-Granite Company brought suit against tin; Central of Georgia Railway Company to recover the actual value of certain shipments of monument marble consigned to four different customers, and the penalty for failure to adjust the claim in the time prescribed in the act of 1906 (Acts 1906, p. 102), The petition alleged, that the goods were delivered to the railway company and…
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Action for damages; from city court of Amerieus — Judge Crisp. June 14, 1909. The Butler Marble &-Granite Company brought suit against tin; Central of Georgia Railway Company to recover the actual value of certain shipments of monument marble consigned to four different customers, and the penalty for failure to adjust the claim in the time prescribed in the act of 1906 (Acts 1906, p. 102), The petition alleged, that the goods were delivered to the railway company and accepted for transportation, but were never delivered to the consignees or to the plaintiff, and that the defendant claimed…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts.)
1. We find no error in the judgment refusing a new trial, though the judgment must be amended. Under the rulings in Western & Atlantic R. Co. v. Brown, 102 Ga. 13 (29 S. E. 130), and in Central R. Co. v. Hall, 124 Ga. 322 (52 S. E. 679, 4 L. R. A. (N. S.) 898, 110 Am. St. R. 170), the interest is not recoverable eo nomine. While the jury may consider the length of time the damages have been withheld, and all other circumstances connected with the transaction, and may, in their discretion, increase the amount of damages by adding to the value of the property…
2Cases cited7 opinions
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Western & Atlantic Railroad v. BrownSupreme Court of Georgia · 1897
- Georgia Railroad v. CreetyCourt of Appeals of Georgia · 1909
- Georgia Southern & Florida Railway Co. v. Johnson, King & Co.Supreme Court of Georgia · 1904
- Central of Georgia Railway Co. v. Cook & LockettCourt of Appeals of Georgia · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- National Bank v. Refrigerated Transport Co.Court of Appeals of Georgia · 1978
- Baltimore & Ohio Southwestern Railway Co. v. New Albany Box & Basket Co.Indiana Court of Appeals · 1911
- Barron v. ChambleeSupreme Court of Georgia · 1945
- Chicago & Northwestern Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1914
- Barbush v. OilerCourt of Appeals of Georgia · 1981
13 more not listed; retrieve them via the Exa API.