Southern Railway Co. v. Frank & Co.
Court of Appeals of Georgia
Action for damages, from city court of Savannali — Judge Freeman. October 9, 1908. The facts of the case are practically undisputed. The plaintiffs desired to ship certain goods from Savannah, Georgia, to Bryant’s White Bluff, Georgia, on the Ocmnlgee river,- above Abbeville. They made out duplicate shipping tickets for the goods and delivered them to the defendant, tbe carrier, as shipping directions.
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Action for damages, from city court of Savannali — Judge Freeman. October 9, 1908. The facts of the case are practically undisputed. The plaintiffs desired to ship certain goods from Savannah, Georgia, to Bryant’s White Bluff, Georgia, on the Ocmnlgee river,- above Abbeville. They made out duplicate shipping tickets for the goods and delivered them to the defendant, tbe carrier, as shipping directions. The ticket recited that the goods were to be taken by the defendant “as per condition of company’s bill of lading.” One of these tickets was kept by the carrier, the other was signed by its…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. The preparation by the plaintiff of the shipping ticket, reciting that the goods were to be shipped “as per condition of com-, pan/s bill of lading,” and the issuing of the usual bill of lading under that request, made an express contract, binding both parties, to the terms of the bill of lading. Central Ry. Co. v. City Mills Co., 128 Ga. 841 (58 S. E. 197). The proper construction of the bill of lading is that it is a through contract of shipment, binding-the initial carrier to deliver to destination, but containing an express agreement relieving it…
2Cases cited6 opinions
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Pless & SladeCourt of Appeals of Georgia · 1908
- Ohlen v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1907
- Southern Railway Co. v. MontagCourt of Appeals of Georgia · 1907
- Atlantic Coast Line Railroad v. PowellSupreme Court of Georgia · 1908
- Central of Georgia Railway Co. v. City Mills Co.Supreme Court of Georgia · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Southern Pacific Co. v. CrenshawCourt of Appeals of Georgia · 1909
- Marks v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
- Southern Express Co. v. Fant Fish Co.Court of Appeals of Georgia · 1913