Southern Express Co. v. Bailey
Court of Appeals of Georgia
Action for damages — appeal; from McIntosh superior court— Judge Seabrook. October 30, 1909.
1Opinion of the CourtPowell, J.
1. In an action against a common carrier for a failure-safely to transport and deliver goods committed to it by a shipper, specific allegations of negligence may be treated as surplusage. The action does not depend upon negligence. ' Louisville & Nashville R. Co. v. Warfield, 129 Ga. 473 (59 S. E. 234).
2. While a common carrier may defend against an action for loss or damage to goods, by showing that the loss or damage accrued through -an inherent vice or natural deterioration of the object carried, the burden of establishing this defense is upon the .carrier.
3. This court is unable to say…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. Warfield & LeeSupreme Court of Georgia · 1907
3Cited by6 opinions
- Georgia-Alabama Coca-Cola Bottling Co. v. WhiteCourt of Appeals of Georgia · 1937
- Empire Aluminum Corporation v. SS KORENDIJKDistrict Court, S.D. Georgia · 1973
- Southern Railway Co. v. Standard Growers ExchangeCourt of Appeals of Georgia · 1925
- Heath v. Sandersville RailroadCourt of Appeals of Georgia · 1919
- Loo-Mac Freight Lines, Inc. v. American Type Founders, Inc.Court of Appeals of Georgia · 1959
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