Southern Railway Co. v. Maddox

Court of Appeals of Georgia

Southern Railway Co. v. Maddox

67 S.E. 838, 7 Ga. App. 650, 1910 Ga. App. LEXIS 444

CourtCourt of Appeals of Georgia

DecidedApril 19, 1910

Docket2240

StatusPublished

Cited by3 cases

This text of 67 S.E. 838 (Southern Railway Co. v. Maddox) 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 Railway Co. v. Maddox, 67 S.E. 838, 7 Ga. App. 650, 1910 Ga. App. LEXIS 444 (Ga. Ct. App. 1910).

Pincite

Opinion

Hill, C. J.

1. Where the consignor makes the contract of shipment with the carrier, he may bring an action for failure to deliver the goods to the consignee, although the title to the property may be in the consignee. Atlantic Coast Line R. Co. v. Meinhard, 133 Ga. 684 (66 S. E. 897). The contract of carriage having been made with the consignor, he would have the right to sue for its breach. The recovery would inure to the benefit of the real owner. Southern Ry. Co. v. Johnson, 2 Ga. App. 36 (58 S. E. 333) ; Carter v. Southern Ry. Co., 111 Ga. 38 (36 S. E. 308, 50 L. R. A. 354), and cases cited.

2. The suit in this case was plainly ex contractu, and not ex delicto, and the justice’s court had jurisdiction.

3. The evidence supports the verdict, and the superior court did not err in overruling the certiorari. Judgment affirmed.

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Hill, C. J.

1. Where the consignor makes the contract of shipment with the carrier, he may bring an action for failure to deliver the goods to the consignee, although the title to the property may be in the consignee. Atlantic Coast Line R. Co. v. Meinhard, 133 Ga. 684 (66 S. E. 897). The contract of carriage having been made with the consignor, he would have the right to sue for its breach. The recovery would inure to the benefit of the real owner. Southern Ry. Co. v. Johnson, 2 Ga. App. 36 (58 S. E. 333) ; Carter v. Southern Ry. Co., 111 Ga. 38 (36 S. E. 308, 50 L. R. A. 354), and cases cited.

2. The suit in this case was plainly ex contractu, and not ex delicto, and the justice’s court had jurisdiction.

3. The evidence supports the verdict, and the superior court did not err in overruling the certiorari. Judgment affirmed.

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Bluebook (online)

67 S.E. 838, 7 Ga. App. 650, 1910 Ga. App. LEXIS 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-railway-co-v-maddox-gactapp-1910.

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