Brannon & Potts v. Atlanta & West Point Railroad
Court of Appeals of Georgia
Action for damages, from city court of Newnan — Judge Freeman. February 18, 1908. Brannon & Potts brought suit against the Atlanta & West Point Railroad Company to recover $202.50, the value of a mule, which they alleged was shipped, in company with twenty-one other mules and two horses, by them from Atlanta to Moreland, Georgia.
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Action for damages, from city court of Newnan — Judge Freeman. February 18, 1908. Brannon & Potts brought suit against the Atlanta & West Point Railroad Company to recover $202.50, the value of a mule, which they alleged was shipped, in company with twenty-one other mules and two horses, by them from Atlanta to Moreland, Georgia. It was alleged, that the stock, when delivered to the railroad company in Atlanta, was in good condition and order, and that the company agreed, in consideration of a freight rate, to safely transport and deliver all of said animals to the plaintiffs at Moreland,…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
We think the allegations of the petition show a good cause of action against the carrier. A general allegation that the carrier had received the shipment in good order and did not transport it safely, but delivered it to the consignee in a damaged condition, would have been sufficient to put the carrier upon its defense, without any specific allegations of particular acts of negligence. L. & *751N. R. Co. v. Warfield, 129 Ga. 473 (59 S. E. 234). The plaintiffs, however, set forth, as a part of their petition, the special contract made with the shipper, under…
2Cases cited6 opinions
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Central Railroad v. Pickett & BlairSupreme Court of Georgia · 1891
- Louisville & Nashville Railroad v. Warfield & LeeSupreme Court of Georgia · 1907
- Cooper v. Raleigh & Gaston RailroadSupreme Court of Georgia · 1900
- Georgia Southern & Florida Ry. Co. v. GreerCourt of Appeals of Georgia · 1907
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