Central of Georgia Ry. Co. v. American Coal Co.

• Decision Date: 18 January 1922
• Docket Number: 12608.
• Citation: 110 S.E. 320,28 Ga.App. 95
• Parties: CENTRAL OF GEORGIA RY. CO. v. AMERICAN COAL CO.
• Court: Georgia Court of Appeals

110 S.E. 320

28 Ga.App. 95

CENTRAL OF GEORGIA RY. CO. v. AMERICAN COAL CO.

No. 12608.

Court of Appeals of Georgia, First Division

January 18, 1922

Syllabus by the Court.

"When a common carrier fails to deliver goods according to the terms of the contract, the measure of damages is the value of the goods at the time and place at which it is agreed to deliver them, less the transportation charges."

Error from City Court of Savannah; Davis Freeman, Judge.

Action by the American Coal Company against the Central of Georgia Railway Company. Judgment for plaintiff, and defendant brings error. Affirmed.

T. M Cunningham, Jr., of Savannah, for plaintiff in error.

McIntire Walsh & Bernstein, of Savannah, for defendant in error.

BLOODWORTH J.

The American Coal Company, a partnership, sued the Central of Georgia Railway Company, alleging, in part, that on or about October 20, 1920, the defendant, as a carrier, was in possession of two cars of coal consigned to petitioners, upon which said cars of coal petitioners paid freight charges amounting to $285.76; that said defendant has failed and refused, and still refuses, to deliver said coal to petitioners; that the said coal was worth, at the time of defendant's failure and refusal to deliver the same to it, the sum of $13.50 per ton at Savannah, Ga., the place of destination, making a total of $1,092.82; that the said defendant has paid petitioners the sum of $973.84, which amount is the invoice price of said coal at the point of origin, plus freight charges, defendant claiming that the market value at Savannah is to be determined by cost at the point of origin plus freight to Savannah, while petitioner claims that the market value at Savannah, is what the said coal would bring at Savannah including petitioner's profit; that the said payment by the defendant of the sum of $973.84 was with the expressed understanding and agreement that it was accepted by petitioners without prejudice to petitioner's right to recover any amount in excess of $973.84 that they may be lawfully entitled to recover, said acceptance of said payment not to be in any way in accord and satisfaction of said claim; that petitioners are entitled to recover from defendant the difference between said sum of $1,092.83, the market price at Savannah, less $973.84 paid by defendant, leaving a balance due petitioners of $118.99. The case was submitted to the judge of the city court of Savannah, who passed upon the issues without the intervention of a jury and rendered judgment against the defendant for the full amount sued for. The railroad company excepted.

The court is alleged to have erred because: (1) The plaintiff is not entitled to recover of defendant on the basis of $13.50 per ton, because that figure includes the plaintiff's profit on a...