Central of Georgia Railway Co. v. City Mills Co.
Supreme Court of Georgia
Action for damages. Before Judge Freeman. Muscogee superior court. August 4, 19OC. The City Mills Company brought suit against the Central of Georgia Bailway Company, alleging that it made a shipment of certain meal from Columbus, Georgia, to Jacksonville, Florida, and that the defendant failed to deliver the freight at the point of destination.
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Action for damages. Before Judge Freeman. Muscogee superior court. August 4, 19OC. The City Mills Company brought suit against the Central of Georgia Bailway Company, alleging that it made a shipment of certain meal from Columbus, Georgia, to Jacksonville, Florida, and that the defendant failed to deliver the freight at the point of destination. The bill of affreightment was as follows: “Beceived from City Mills Company, Columbus, Ga., 11, 20, 1902. “By C. B. B. Co. By Steamer — In apparent good order, the articles named below, to be delivered in like good order, without unnecessary delay.…
1Opinion of the CourtLumpkin, J.
“A common carrier can not limit his legal lia-
bility by any notice given, either by publication or by entry on receipts given or tickets sold. He may make an express contract, and will then be governed thereby.” Civil Code, §2276. As to contracts seeking to waive the results of negligence as a common carrier, see Central Railway Co. v. Hall, 124 Ga. 322. The express contract referred to above may be signed by the parties, but is not obliged to be so. The mere acceptance of a bill of lading or a ticket which contains a limitation upon liability will not amount to an express contract. Boyd v.…
2Cases cited5 opinions
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Southern Express Co. v. NewbySupreme Court of Georgia · 1867
- C. Wallace, Superintendent Western & Atlantic Railroad v. MatthewsSupreme Court of Georgia · 1869
- Boyd v. SpencerSupreme Court of Georgia · 1898
- Wallace v. SandersSupreme Court of Georgia · 1871
3Cited by6 opinions
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Louisville & Nashville Railroad v. VenableSupreme Court of Georgia · 1909
- Southern Railway Co. v. Frank & Co.Court of Appeals of Georgia · 1909
- Atlanta & West Point Railroad v. Fairburn Marble Co.Supreme Court of Georgia · 1916
- Old Colony Trust Co. v. Atlanta, B. & A. R.District Court, N.D. Georgia · 1920
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