Atlanta and West Point Railroad v. Jacobs' Pharmacy Co.
Supreme Court of Georgia
Damages. Before-Judge Freeman. Troup superior court. April 3, 1909.
1Opinion of the CourtFish, C. J.
1. When a plaintiff elects to bring an action against a rail-' road company for damages arising from a failure on its part to perform its duty as a common carrier, instead of suing .on a contract of affreightment, it is not incumbent on him to set out the precise terms of such contract. Louisville & Nashville R. Co. v. Cody, 119 Ga. 371 (46 S. E. 429).(a) In Louisville & Nashville Railroad Co. v. Warfield, 129 Ga. 473 (59 S. E. 234), one of the rulings made in the Cody case, supra, was overruled, but the decision on the point dealt with in the above headnote was not overruled.
2. By the Civil…
2Cases cited13 opinions
- The KensingtonSupreme Court of the United States · 1902
- Atlanta & West Point Railroad v. HudsonSupreme Court of Georgia · 1905
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
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3Cited by13 opinions
- Hunt v. PollardCourt of Appeals of Georgia · 1937
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- Bickford v. NolenCourt of Appeals of Georgia · 1977
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- Myers v. JohnsonCourt of Appeals of Georgia · 1966
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