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Lawskills.com Georgia Caselaw
ATLANTA PAPER COMPANY v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD CO.
18714.
DUCKWORTH, Chief Justice.
Complaint. Before Judge Shaw. Fulton Superior Court. June 11, 1954.
2. However, where the cross-action prays for damages in a stated amount against the railroad for the alleged failure to notify the consignor within a reasonable time that the consignee had failed to pay the freight charges, resulting in other goods being shipped and the alleged loss of the consignor's accounts due to a petition in bankruptcy being filed against the consignee, the cross-action fails to allege any negligence or violation of any duty of the railroad which caused the loss of the consignor's accounts due to the consignee becoming insolvent and a bankrupt, and the court did not err in sustaining the demurrer there to and in dismissing the same.
Marshall, Greene & Neely, Burt DeRieux, contra.
Smith, Kilpatrick, Cody, Rogers & McClatchey, Sidney Haskins, for plaintiff in error.
SUBMITTED SEPTEMBER 17, 1954 -- DECIDED OCTOBER 14, 1954 -- REHEARING DENIED NOVEMBER 10, 1954.
Saturday May 23 03:23 EDT


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