Wilensky v. Central of Georgia Railway Co.

Evans, P. J., and Holden, J.

We concur that the question propounded by the Court of Appeals should be answered in the negative, but we are unable to give full concurrence to the reasoning of other members of the court by which they arrive at this conelu*900sion. At common law the carrier was entitled to receive his freight notwithstanding the goods may liave been damaged in transit. This resulted from the application of the principle that unliquidated damages could not be set off against liquidated demands. But under the practice in this State, at least since the adoption of the first code, the…