Hartwell Railway Co. v. Kidd
Court of Appeals of Georgia
Action for damages; from Hart superior court — Judge Meadows. The action was brought in a justice’s court, to recover $95.75, embracing three items of alleged damages, and was tried on appeal in the superior court.
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Action for damages; from Hart superior court — Judge Meadows. The action was brought in a justice’s court, to recover $95.75, embracing three items of alleged damages, and was tried on appeal in the superior court. In the cause of action attached to the summons it was alleged, that 10 head of live stock were delivered at Maryville, Tenn., to a connecting carrier of the defendant, to be delivered to the plaintiff at Hartwell, (3-a.; that there was unreasonable delay in delivery, caused by the negligence of the defendant; that the stock were not properly watered and fed, and were exposed to bad…
1Opinion of the CourtPottle, J.
1. When goods are delivered to a carrier and direction given to ship to a designated point, the law implies a promise to transport at the lawful rate by the nearest practicable route; and this implied promise extends to every carrier who handles the shipment. Where goods transported over the line of more than one carrier are damaged in transit, the person entitled to recover the damages may sue upon the common-law liability arising upon the implied promise, or upon an express contract, if one was made, or, in this State, he may bring his action under the Civil Code (1910), § 2752, against the…
2Cases cited10 opinions
- Exposition Cotton Mills v. Western & Atlantic RailroadSupreme Court of Georgia · 1889
- Western & Atlantic Railroad v. Exposition Cotton MillsSupreme Court of Georgia · 1888
- Southern Railway Co. v. MooreSupreme Court of Georgia · 1910
- Wadley Southern Railway Co. v. StateSupreme Court of Georgia · 1912
- Kavanaugh & Co. v. Southern Railway Co.Supreme Court of Georgia · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Sims v. Southern Bell Telephone & Telegraph Co.Court of Appeals of Georgia · 1965
- Atlantic Coast Line Railroad v. Thomasville Live Stock Co.Court of Appeals of Georgia · 1913
- Wilson v. BarrowCourt of Appeals of Georgia · 1963
- Pittman v. HodgesCourt of Appeals of Georgia · 1913
- Central of Georgia Railway Co. v. Clark Milling Co.Court of Appeals of Georgia · 1929
10 more not listed; retrieve them via the Exa API.