Southern Railway Co. v. Horner
Supreme Court of Georgia
Action for damages. Before Judge Calhoun. City court of Atlanta. June 27, 1901. Joshua Horner shipped a horse, of the value of upwards of $500, from Baltimore to Atlanta, consigned to T. M. Horner, the owner of the animal, which, according to the evidence, was put into a closed car and there allowed to remain, without any food, water, ventilation, or any attention whatever, until arrival at destination, a period of three days.
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Action for damages. Before Judge Calhoun. City court of Atlanta. June 27, 1901. Joshua Horner shipped a horse, of the value of upwards of $500, from Baltimore to Atlanta, consigned to T. M. Horner, the owner of the animal, which, according to the evidence, was put into a closed car and there allowed to remain, without any food, water, ventilation, or any attention whatever, until arrival at destination, a period of three days. Upon delivery to the consignee the horse was given prompt and proper medical treatment, but died within a week from disease contracted as a result of the neglect on the…
1Opinion of the CourtLittle, J.
1. Where a petition against a railway company contained two counts, one setting out a cause of action arising ex delicto (being for a breach of its public duty as a carrier), and the other alleging a liability under the statutory obligation imposed by section 2298 of the Civil Code (which provides that the last connecting carrier who receives goods as in good order shall be liable), a demurrer to the petition, undertaking to point out as defects therein that it set forth in one count an action ex contractu, and in another thestatutory liability above referred to, was not well taken, inasmuch…
2Cases cited1 opinion
- Central of Georgia Railway Co. v. Murphey & HuntSupreme Court of Georgia · 1901
3Cited by5 opinions
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Gainesville & Northwestern Railroad v. GallowayCourt of Appeals of Georgia · 1916
- Georgia Southern & Florida Railway Co. v. Johnson, King & Co.Supreme Court of Georgia · 1904
- Central of Georgia Railway Co. v. Glascock & WarfieldSupreme Court of Georgia · 1903
- American Railway Express Co. v. BaileySupreme Court of Georgia · 1922