Southern Railway Co. v. Tollerson
Supreme Court of Georgia
Action for damages. Before Judge Beagan. Henry, superior court. June 28, 1909. H. M. Tollerson brought suit against the Southern Bailway Company, and alleged in brief as follows: Through his agent he had delivered a car-load of live stock to the defendant at Shelbyville, Kentucky, to be shipped to McDonough, Georgia, on December IS, 1905. The stock consisted of mules and horses, and when delivered to the railroad company they were in good condition, but when delivered to the…
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Action for damages. Before Judge Beagan. Henry, superior court. June 28, 1909. H. M. Tollerson brought suit against the Southern Bailway Company, and alleged in brief as follows: Through his agent he had delivered a car-load of live stock to the defendant at Shelbyville, Kentucky, to be shipped to McDonough, Georgia, on December IS, 1905. The stock consisted of mules and horses, and when delivered to the railroad company they were in good condition, but when delivered to the plaintiff at McDonough they were famished, depleted, exhausted, and damaged by reason of a lack of food, water, and…
1Opinion of the CourtLumpkin, J.
When this case was before the Supreme Court on a former occasion, it was held that the stipulation in the contract for the shipment of live stock, requiring “that, as a condition pre*76cedent to any riglit to recover any damages for loss or injury to said live stock/’ written notice of a claim therefor shall be given “before said live stock is removed or is intermingled with other live stock/’ was reasonable and valid, and that the evidence failed 'to show that the shipper complied with such stipulation. The judgment in favor of the plaintiff was accordingly reversed. Southern Railway Company v.…
2Cases cited10 opinions
- Fort Worth & Denver City Railway Co. v. DaggettTexas Supreme Court · 1894
- Central of Georgia Railway Co. v. JamesSupreme Court of Georgia · 1903
- Seaboard Air-Line Railway v. BishopSupreme Court of Georgia · 1909
- Southern Railway Co. v. AdamsSupreme Court of Georgia · 1902
- Seaboard Air-Line Railway v. RandolphSupreme Court of Georgia · 1907
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3Cited by6 opinions
- Kent v. Central of Georgia Railway Co.Supreme Court of Georgia · 1915
- Chicago, Indianapolis & Louisville Railway Co. v. PriddyIndiana Court of Appeals · 1917
- Phelps v. Great Northern Ry. Co.Montana Supreme Court · 1923
- City Motor Exchange v. BallingerCourt of Appeals of Georgia · 1964
- McDonald v. McDonaldSupreme Court of Georgia · 1972
1 more not listed; retrieve them via the Exa API.