Legal Opinion

Cohen & Menko v. Southern Express Co.

Supreme Court of Georgia

Decided January 15, 1872PublishedCited by 3 opinions

Common-carriers. Contracts. Before Judge Hopkins. Fulton Superior Court. April Term, 1871. Plaintiffs averred that the Southern Express Company was a common-carrier of goods from “Savannah, Georgia, to Atlanta, Georgia,” and as such carrier, in New York, in October, 1865, received from them certain goods, (described) to be carried from Savannah, Georgia, and delivered to plaintiffs in Atlanta, for a certain reward, and yet behaved so carelessly and negligently as that the…

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Common-carriers. Contracts. Before Judge Hopkins. Fulton Superior Court. April Term, 1871. Plaintiffs averred that the Southern Express Company was a common-carrier of goods from “Savannah, Georgia, to Atlanta, Georgia,” and as such carrier, in New York, in October, 1865, received from them certain goods, (described) to be carried from Savannah, Georgia, and delivered to plaintiffs in Atlanta, for a certain reward, and yet behaved so carelessly and negligently as that the said goods were never delivered to them, but wholly lost. The defendant pleaded the general issue; that it received said…

1Opinion of the Court

Montgomery, Judge.

This suit is an attempt made to hold the Southern Express Company liable on the contract of bailment, as forwarding agents of the Adams Express .Company, of New York. The goods, whose loss is the foundation of the present suit, were shipped from New York to Atlanta, via Savanah, by the Adams Express Company. On the arrival of the goods in Savanah, the terminus of the line of the Adams Express Company, that company turned them over to the Southern Express Company, to be transported to Atlanta. The latter company placed them on board a steamboat, running on the Savanah river,…

2Cases cited1 opinion

  1. Southern Express Co. v. SheaSupreme Court of Georgia · 1868

3Cited by3 opinions

  1. Falvey v. Georgia RailroadSupreme Court of Georgia · 1886
  2. East Tennessee, Virginia & Georgia Railway Co. v. Johnson & ShahanSupreme Court of Georgia · 1890
  3. Atlantic Coast Line Railroad v. PowellSupreme Court of Georgia · 1908

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