Director-General of Railroads v. Beard

Court of Appeals of Georgia

Director-General of Railroads v. Beard

108 S.E. 310, 27 Ga. App. 365, 1921 Ga. App. LEXIS 895

CourtCourt of Appeals of Georgia

DecidedAugust 31, 1921

Docket11809

StatusPublished

Cited by1 cases

This text of 108 S.E. 310 (Director-General of Railroads v. Beard) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Director-General of Railroads v. Beard, 108 S.E. 310, 27 Ga. App. 365, 1921 Ga. App. LEXIS 895 (Ga. Ct. App. 1921).

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Opinion

Stephens, J.

1. The receivers of a railroad corporation are subject to suit as such in any county in which the corporation may be sued for a like cause of action. Ball v. Mabry, 91 Ga. 781 (18 S. E. 64).

2. Since the passage of the act of 1906 (Ga. L. 1906, p. 102), from which section 2777 of the Civil Code of 1910 was codified, the initial carrier in an intrastate shipment “is liable for loss occasioned any where en route, whether on its own lines or not, where it voluntarily receives the shipment, notwithstanding an agreement or .stipulation in a bill of lading limiting liability to loss, damage, or injury occurring on its own lines.” Heath v. Sandersville R. Co., 23 Ga. App. 255 (5) (98 S. E. 92).

3. It being clearly apparent that the bill of exceptions was prosecuted in this court for delay only, the statutory damages of ten per cent. (Civil Code of 1910, § 6213) are awarded to the defendant in error.

Judgment affirmed, with damages.

Jenkins, P. J., and Mill, J., concur.

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Stephens, J.

1. The receivers of a railroad corporation are subject to suit as such in any county in which the corporation may be sued for a like cause of action. Ball v. Mabry, 91 Ga. 781 (18 S. E. 64).

2. Since the passage of the act of 1906 (Ga. L. 1906, p. 102), from which section 2777 of the Civil Code of 1910 was codified, the initial carrier in an intrastate shipment “is liable for loss occasioned any where en route, whether on its own lines or not, where it voluntarily receives the shipment, notwithstanding an agreement or .stipulation in a bill of lading limiting liability to loss, damage, or injury occurring on its own lines.” Heath v. Sandersville R. Co., 23 Ga. App. 255 (5) (98 S. E. 92).

3. It being clearly apparent that the bill of exceptions was prosecuted in this court for delay only, the statutory damages of ten per cent. (Civil Code of 1910, § 6213) are awarded to the defendant in error.

Judgment affirmed, with damages.

Jenkins, P. J., and Mill, J., concur.

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Bluebook (online)

108 S.E. 310, 27 Ga. App. 365, 1921 Ga. App. LEXIS 895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/director-general-of-railroads-v-beard-gactapp-1921.

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