Reed Oil Co. v. Georgia, Florida & Alabama Railway Co.

Court of Appeals of Georgia

Reed Oil Co. v. Georgia, Florida & Alabama Railway Co.

94 S.E. 281, 21 Ga. App. 321, 1917 Ga. App. LEXIS 583

CourtCourt of Appeals of Georgia

DecidedNovember 16, 1917

Docket8861

StatusPublished

This text of 94 S.E. 281 (Reed Oil Co. v. Georgia, Florida & Alabama Railway Co.) 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

Reed Oil Co. v. Georgia, Florida & Alabama Railway Co., 94 S.E. 281, 21 Ga. App. 321, 1917 Ga. App. LEXIS 583 (Ga. Ct. App. 1917).

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Opinion

Luke, J.

Reed Oil Company sued Georgia, Elorida and Alabama Railway Company, alleging: “Petitioner shows that on March 29, 1915, plaintiff instructed defendant, through its depot agent at Colquitt, Georgia, to transport by freight to plaintiff at its address in Atlanta, Georgia, certain merchandise then in the hands of defendant at Colquitt, Ga., to wit: one half barrel of EE Auto Oil, thirty-two gallons, of the value of $13.44;. one barrel of triple E light oil, fifty-two gallons, of the value of $23.50; nine automobile tires and two inner tubes, [322]*322of the value of $204.57. Petitioner shows that defendant negligently failed and refused to forward ■ said shipment by freight with reasonable despatch, but, in violation of petitioner’s instructions aforesaid, held same in its depot .in Colquitt, Ga., where said shipments were totally destroyed by fire on or about April 11, 1915, all to petitioner’s damage as aforesaid.” The defendant demurred generally. The court offered to allow the plaintiff the privilege of amending the petition by alleging ownership of the property to be in the plaintiff; but the offer was declined. Held, that the court did not err in sustaining the general demurrer and in dismissing the suit.

Decided November 16, 1917.

Action for damages; from Miller superior court — Judge Worrill. April 23, 1917'.

Hewlett & Dennis, W. I. Geer, for plaintiff. T. 8. Hawes, P. D. Rich, for defendant.

Judgment affirmed.

Wade, G. J., and, Jenkins, J., concur.

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Luke, J.

Reed Oil Company sued Georgia, Elorida and Alabama Railway Company, alleging: “Petitioner shows that on March 29, 1915, plaintiff instructed defendant, through its depot agent at Colquitt, Georgia, to transport by freight to plaintiff at its address in Atlanta, Georgia, certain merchandise then in the hands of defendant at Colquitt, Ga., to wit: one half barrel of EE Auto Oil, thirty-two gallons, of the value of $13.44;. one barrel of triple E light oil, fifty-two gallons, of the value of $23.50; nine automobile tires and two inner tubes, [322]*322of the value of $204.57. Petitioner shows that defendant negligently failed and refused to forward ■ said shipment by freight with reasonable despatch, but, in violation of petitioner’s instructions aforesaid, held same in its depot .in Colquitt, Ga., where said shipments were totally destroyed by fire on or about April 11, 1915, all to petitioner’s damage as aforesaid.” The defendant demurred generally. The court offered to allow the plaintiff the privilege of amending the petition by alleging ownership of the property to be in the plaintiff; but the offer was declined. Held, that the court did not err in sustaining the general demurrer and in dismissing the suit.

Decided November 16, 1917.

Action for damages; from Miller superior court — Judge Worrill. April 23, 1917'.

Hewlett & Dennis, W. I. Geer, for plaintiff. T. 8. Hawes, P. D. Rich, for defendant.

Judgment affirmed.

Wade, G. J., and, Jenkins, J., concur.

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94 S.E. 281, 21 Ga. App. 321, 1917 Ga. App. LEXIS 583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-oil-co-v-georgia-florida-alabama-railway-co-gactapp-1917.