Smith & Simpson Lumber Co. v. Louisville & Nashville Railroad
Court of Appeals of Georgia
Certiorari, from Pulton superior court — Judge Pendleton. November 5, 1907. The Smith & Simpson Lumber Company brought suit in a justice’s court against the Louisville and Nashville Railroad Company and the Atlantic Coast Lin,e Railroad Company, lessees operating-the Georgia Railroad, to recover the sum of $11, “for breach of contract.”
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Certiorari, from Pulton superior court — Judge Pendleton. November 5, 1907. The Smith & Simpson Lumber Company brought suit in a justice’s court against the Louisville and Nashville Railroad Company and the Atlantic Coast Lin,e Railroad Company, lessees operating-the Georgia Railroad, to recover the sum of $11, “for breach of contract.” The plaintiffs allege in their petition, that on February 4, 1907, they shipped over defendants’ line one car-load of lumber, for delivery at Atlanta, Georgia,, for which shipment the regular-charges of transportation were paid; that the car of lumber arrived…
1Opinion of the CourtHill, C. J.
(After stating the facts.)
The plaintiffs denominate the suit one for damages for breach, of contract, hut the allegations clearly show that the real character-of the suit is that of an action for damages arising from a breach of a public duty imposed upon the defendants by a rule of the railroad commission, and to recover the amount of damages fixed by the commission for the violation of the rule. The only measure-of damages set out is that fixed by the railroad commission for the violation of its rule. It is an elementary principle that the nature of an action is to be determined by its…
2Cases cited4 opinions
- Pennington & Evans v. Douglas, Augusta & Gulf Railway Co.Court of Appeals of Georgia · 1908
- Western Union Telegraph Co. v. CooperCourt of Appeals of Georgia · 1907
- Atlanta, Knoxville & Northern Railway Co. v. ShippenSupreme Court of Georgia · 1906
- Savannah, Florida, & Western Railway Co. v. SniderCourt of Appeals of Georgia · 1907
3Cited by1 opinion
- Southern Railway Co. v. Inman, Akers & InmanCourt of Appeals of Georgia · 1912