Miller & Co. v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Railroads. Carriers. Storage and demurrage. Charge of court. Before Judge Eve. City court of' Richmond county. August term, 1890. The opinion states the material facts.
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Railroads. Carriers. Storage and demurrage. Charge of court. Before Judge Eve. City court of' Richmond county. August term, 1890. The opinion states the material facts. The instructions which the defendants requested to be given to the jury, and which the court refuse to give, are as follows : (a) Plaintiff cannot by rule fix upon any rate of storage or demurrage unless it is reasonable, and in arriving at what would be a reasonable charge the jury are permitted to examine what are the customary charges for the storage of grain. (b) In the absence of an express contract, or a stipulation for…
1Opinion of the Court
Simmons, Justice.
The Georgia Railroad Company sued Miller & Co, for the sum of $892, besides interest, the declaration containing two counts, as follows :(1) “On the first of January, 1890, and on various days thereafter up to the time of filing this complaint, petitioner stored on its tracks in said county certain carloads of corn, wheat, grain and other produce, at the special instance and request of said Miller & Company, by means whereof said Miller & Company became indebted to your petitioner for said storage at the rate of *568one dollar per day for each and every of said car-loads,…
2Cases cited4 opinions
- Chicago & Northwestern Railway Co. v. JenkinsIllinois Supreme Court · 1882
- Miller v. MansfieldMassachusetts Supreme Judicial Court · 1873
- Southwestern Railroad v. FelderSupreme Court of Georgia · 1872
- Huntley v. DowsNew York Supreme Court · 1864
3Cited by22 opinions
- Iversen v. United StatesDistrict Court, District of Columbia · 1946
- Middle Atlantic Conference v. United StatesDistrict Court, District of Columbia · 1972
- Schumacher v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1904
- Holloman v. Southern Railway Co.Supreme Court of North Carolina · 1916
- Dixon v. Central of Georgia Railway Co.Supreme Court of Georgia · 1900
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