East Tennessee & Georgia Railroad v. Whittle
Supreme Court of Georgia
Case, from Whitfield county. Tried before Judge Trippe, at Oclober Term, 1858. This was an action on the case brought by Albert G. Whittle, against the East Tennessee & Georgia Railroad Co'mpanys for the recovery of damages for a lot of hogs belonging to Whittle, which were suffocated and killed in the cars of defendant, in and upon which they were shipped at Cleaveland, Tennessee, to be transported to Dalton, Georgia.
Read the full summary
Case, from Whitfield county. Tried before Judge Trippe, at Oclober Term, 1858. This was an action on the case brought by Albert G. Whittle, against the East Tennessee & Georgia Railroad Co'mpanys for the recovery of damages for a lot of hogs belonging to Whittle, which were suffocated and killed in the cars of defendant, in and upon which they were shipped at Cleaveland, Tennessee, to be transported to Dalton, Georgia. The defence was, that the plaintiff chartered from defendant, the cars in which his hogs were shipped ; that said cars were under his control, and he superintended and directed…
1Opinion of the Court
By the Court.
McDonald J.
delivering the opinion.
The plaintiff in error was sued as a common carrier in the Court below, and the proof established the fact, that the defendant in error chartered of the said plaintiff, two box cars for the transportation of hogs from Cleaveland, in Tennessee, to Dalton, in Georgia. The hogs were put on board the cars at Cleaveland, were shut up, and many of them suffocated on that night, before the train of cars was put in motion on its trip.
The principal question arising upon the pleadings and evidence, and the rulings and decisions in this case, is whether the…
2Cases cited1 opinion
- Central Rail Road & Banking Co. v. Hines, Perkins & Co.Supreme Court of Georgia · 1856
3Cited by3 opinions
- Chappell v. Western RailwayCourt of Appeals of Georgia · 1911
- Union Pacific Railway Co. v. RaineySupreme Court of Colorado · 1893
- Central Railroad & Banking Co. v. Smitha & ChastainSupreme Court of Alabama · 1887