Massee & Felton Lumber Co. v. Georgia & Florida Railway
Supreme Court of Georgia
Complaint. Before Judge Matliews. Bibb superior court. November 21, 1913. The Georgia & Florida Railway entered into a contract with the Massee & Felton Lumber Company, wherein the railway company agreed to permit the lumber company to use its main line of railroad between Bannockburn and Ray’s Mill, stations on the railroad, for the purpose of hauling logs oyer this stretch of the track.
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Complaint. Before Judge Matliews. Bibb superior court. November 21, 1913. The Georgia & Florida Railway entered into a contract with the Massee & Felton Lumber Company, wherein the railway company agreed to permit the lumber company to use its main line of railroad between Bannockburn and Ray’s Mill, stations on the railroad, for the purpose of hauling logs oyer this stretch of the track. During the continuance of the contract there was a collision between a log-train of the lumber company and an extra freight-train of the railway company, in which the engineer operating the engine of the…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The effect of the settlement of the engineer’s suit by the railway company, with the consent of the lumber company, is the same as if a werdict had been rendered in favor of the engineer against the railway company. The railway company, having paid the amount of the recovery, seeks in the present action to reimburse itself from the lumber company. Under its contract the railway company assumed all liability for loss or damage that might be caused to persons engaged in operating the log-trains of the lumber company, due to improper train orders given by…
2Cases cited2 opinions
- Central Railroad & Banking Co. v. PhinazeeSupreme Court of Georgia · 1894
- Massee & Felton Lumber, Co. v. Georgia & Florida RailwayCourt of Appeals of Georgia · 1913
3Cited by8 opinions
- Batson-Cook Co. v. Georgia Marble Setting Co.Court of Appeals of Georgia · 1965
- Robert & Co. Associates v. Pinkerton & Laws Co.Court of Appeals of Georgia · 1969
- Seaboard Coast Line Railroad v. Freight Delivery Service, Inc.Court of Appeals of Georgia · 1974
- Nannis Terpening & Associates, Inc. v. Mark Smith Construction Co.Court of Appeals of Georgia · 1984
- Southern Railway Co. v. Union Camp Corp.Court of Appeals of Georgia · 1987
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