Southern Railway Co v. Southern Cotton Oil Co.

Court of Appeals of Georgia

Southern Railway Co v. Southern Cotton Oil Co.

91 S.E. 876, 19 Ga. App. 453, 1917 Ga. App. LEXIS 156

CourtCourt of Appeals of Georgia

DecidedMarch 15, 1917

Docket7646

StatusPublished

Cited by6 cases

This text of 91 S.E. 876 (Southern Railway Co v. Southern Cotton Oil 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

Southern Railway Co v. Southern Cotton Oil Co., 91 S.E. 876, 19 Ga. App. 453, 1917 Ga. App. LEXIS 156 (Ga. Ct. App. 1917).

Pincite

Opinion

Wade, C. J.

1. Where a common carrier accepts goods for transportation without prepayment of charges, agreeing to collect the charges from the consignee, and the consignee fails to pay them, the consignor is still liable therefor to the carrier. Jelks v. Philadelphia & Reading Railway Co., 14 Ga. App. 96 (80 S. E. 216).

2. A railroad company which, through mistake • or negligence, has failed to collect from a consignee the charges due for transportation is not estopped from recovering them from the consignor, merely because of failure to sue therefor until after the consignee (who by agreement with the consignor is liable for the freight) has become insolvent. Central of Georgia Ry. Co. v. Eatonton Lumber Co., 14 Ga. App. 302 (3) (80 S. E. 725).

3. The judge of the superior court erred in overruling the certiorari.

Judgment reversed.

George and Luke, JJ., concur.

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