Louisville & Nashville Railroad v. Stewart

Court of Appeals of Georgia

Louisville & Nashville Railroad v. Stewart

100 S.E. 22, 24 Ga. App. 67, 1919 Ga. App. LEXIS 411

CourtCourt of Appeals of Georgia

DecidedJuly 16, 1919

Docket10205

StatusPublished

Cited by1 cases

This text of 100 S.E. 22 (Louisville & Nashville Railroad v. Stewart) 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

Louisville & Nashville Railroad v. Stewart, 100 S.E. 22, 24 Ga. App. 67, 1919 Ga. App. LEXIS 411 (Ga. Ct. App. 1919).

Pincite

Opinion

Stephens, J.

This was a suit to recover the value of an alleged shortage in a carload shipment of rags, the shortage being the difference in the alleged weight of the rags at the time of their delivery to the defendant' carrier and the weight of the rags when delivered to the consignee. In this case there was no presumption against the railroad company, but [68]*68tlie plaintiff had the burden of affirmatively proving his case. The evidence as to how many pounds of rags were actually loaded in the car is too vague and uncertain to support a recovery for the plaintiff, and the court erred in overruling the motion for a new trial.

Decided July 16, 1919.

Action for damages; from Gordon superior court—Judge Tarver. September 28, 1918.

Tye, Peeples & Tye, O. N. Stan-, D. W. Blair, for plaintiff in error. A. L. Henson, J. G. B. Erwin Jr., M. B. Eubanhs, contra.

Judgment reversed,

Broyles, P. J., and Bloodioorlh, J,, concur.

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Stephens, J.

This was a suit to recover the value of an alleged shortage in a carload shipment of rags, the shortage being the difference in the alleged weight of the rags at the time of their delivery to the defendant' carrier and the weight of the rags when delivered to the consignee. In this case there was no presumption against the railroad company, but [68]*68tlie plaintiff had the burden of affirmatively proving his case. The evidence as to how many pounds of rags were actually loaded in the car is too vague and uncertain to support a recovery for the plaintiff, and the court erred in overruling the motion for a new trial.

Decided July 16, 1919.

Action for damages; from Gordon superior court—Judge Tarver. September 28, 1918.

Tye, Peeples & Tye, O. N. Stan-, D. W. Blair, for plaintiff in error. A. L. Henson, J. G. B. Erwin Jr., M. B. Eubanhs, contra.

Judgment reversed,

Broyles, P. J., and Bloodioorlh, J,, concur.

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Bluebook (online)

100 S.E. 22, 24 Ga. App. 67, 1919 Ga. App. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisville-nashville-railroad-v-stewart-gactapp-1919.

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