Legal Opinion

Central of Georgia Railway Co. v. Milledgeville Railway Co.

Supreme Court of Georgia

Decided August 13, 1912PublishedCited by 2 opinions

Action for damages. Before Judge J. B. Park. Baldwin superior court. February 14, 1911. The Central of Georgia Railway Company brought suit against the Milledgeville Railway Company for damages to two freight-cars by fire.

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Action for damages. Before Judge J. B. Park. Baldwin superior court. February 14, 1911. The Central of Georgia Railway Company brought suit against the Milledgeville Railway Company for damages to two freight-cars by fire. By consent of the parties the case was tried before the judge, without the intervention of a jury, upon the following agreed statement of facts, with the right by either party to except to the decision of the judge: “1. The Milledgeville Railway Company is chartered as a railroad corporation. It has no freight-cars of its own, but it operates over its own railroad tracks in…

1Opinion of the CourtFish, C. J.

(After stating the facts.) As will be seen from the foregoing agreed statement of facts, the only question in this case is whether the Milledgeville Railway Company (hereinafter referred to as the defendant), at the time of the fire, held the cars as a common carrier, and was therefore liable as such for their injury or destruction. -We are aware of no decision of this court which throws any light upon the point. It has been held in other jurisdictions that railroad companies are bound to transport the cars of other companies, and, while so transporting and in complete control of them, are…

2Cases cited6 opinions

  1. Peoria & Pekin Union Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1884
  2. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co. v. City of ChicagoIllinois Supreme Court · 1909
  3. Peoria & Pekin Union Railway Co v. United States Rolling Stock Co.Illinois Supreme Court · 1891
  4. St. Paul & Sioux City Railroad v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1879
  5. East St. Louis Connecting Railway Co. v. Wabash, St. Louis & Pacific Railway Co.Illinois Supreme Court · 1888

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3Cited by2 opinions

  1. Atlantic Coast Line Railroad v. McElmurray Bros.Court of Appeals of Georgia · 1913
  2. Southern Express Co. v. OliverCourt of Appeals of Georgia · 1917

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