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Southern Express Co. v. Bailey

66 S.E. 960, 7 Ga. App. 331, 1910 Ga. App. LEXIS 273
CourtCourt of Appeals of Georgia
DecidedJanuary 21, 1910
Docket2275
StatusPublished
Cited by6 cases

This text of 66 S.E. 960 (Southern Express Co. v. Bailey) 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
Southern Express Co. v. Bailey, 66 S.E. 960, 7 Ga. App. 331, 1910 Ga. App. LEXIS 273 (Ga. Ct. App. 1910).

Opinion

Powell, 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 that the verdict is without evidence to support it. . Judgment affirmed.

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Cite This Page — Counsel Stack

Bluebook (online)
66 S.E. 960, 7 Ga. App. 331, 1910 Ga. App. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-express-co-v-bailey-gactapp-1910.