Central of Georgia Railway Co. v. Rabun
Court of Appeals of Georgia
Action, for penalty. Before Judge- Cox. Calhoun superior court. ■ December 6, 1916. This was a suit brought by Z. T. Rabun to recover a statutory penalty of $1 per day per car for an alleged failure of the defendant to furnish cars upon the plaintiff’s demand. The plaintiff relied upon three written orders, as follows: “Morgan, Ga. 9/3/1914. Agent, C. of G. Ey. Co., Williamsburg, Ga.
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Action, for penalty. Before Judge- Cox. Calhoun superior court. ■ December 6, 1916. This was a suit brought by Z. T. Rabun to recover a statutory penalty of $1 per day per car for an alleged failure of the defendant to furnish cars upon the plaintiff’s demand. The plaintiff relied upon three written orders, as follows: “Morgan, Ga. 9/3/1914. Agent, C. of G. Ey. Co., Williamsburg, Ga. Dear Sir: Please get for me and send them out on Friday, 4th inst., 2 any length flat cars to be loaded with lumber for 0. of Ga. Ey. 1 40-ft. flat car to be loaded with lumber for C. of Ga. Ey. The above cars…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.)
1/ Section 2635 of the Civil Code (1910) provides as follows: "Whenever a shipper or consignor shall require of a railroad company the placing of a car or cars to be used in car-load shipments, then, in order for the consignor or shipper to avail himself of the forfeitures or penalties prescribed by the rules and regulations of said railroad commission, it must first appear that such shipper or consignor made written application for said ear or cars to said railroad: .Provided, that such railroad commission shall, by reasonable rules and regulations,…
2Cases cited2 opinions
- Carter v. Southern Railway Co.Supreme Court of Georgia · 1900
- Southern Railway Co. v. Inman, Akers & InmanCourt of Appeals of Georgia · 1912
3Cited by1 opinion
- Martin Bros. Box Co. v. Interstate Commerce CommissionDistrict Court, D. Oregon · 1953