Legal Opinion

Bewley-Darst Coal Co. v. Western & Atlantic Railroad

Court of Appeals of Georgia

Decided January 10, 1916No. 6603PublishedCited by 1 opinion

Attachment; from municipal court of Atlanta. May 5^ 1915.

1Opinion of the CourtRussell, C. J.

1. Where a common carrier waives prepayment and the consignee refuses to take the goods and pay the transportation charges, and the carrier, in strict conformity with law, sells the goods to enforce its lien for charges, and there is still a balance due, the consignor is liable to the carrier. Jelks v. Philadelphia & Reading R. Co., 14 Ga. App. 96 (80 S. E. 216). And this liability of the consignor under such circumstances applies as much to a charge for demurrage as to a freight or other lawful charge which the carrier is bound to collect. See also Seaboard Air-Line Ry. v. Shackelford, 5 Ga.…

2Cases cited5 opinions

  1. Georgia Railroad v. CreetyCourt of Appeals of Georgia · 1909
  2. Dixon v. Central of Georgia Railway Co.Supreme Court of Georgia · 1900
  3. Jelks v. Philadelphia & Reading Railway Co.Court of Appeals of Georgia · 1913
  4. Baltimore & Ohio Railroad v. Luella Coal Co.West Virginia Supreme Court · 1914
  5. Seaboard Air-Line Railway v. ShackelfordCourt of Appeals of Georgia · 1908

3Cited by1 opinion

  1. Sipple v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1921

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