12 Ga. App. 392 | Ga. Ct. App. | 1913
Hill brought an action in the city court of Nashville against the Atlantic Coast Line Bailroad Company to recover for damage to a lot of household goods and furniture which he alleged he, as consignee, had received from this carrier at destination in a damaged condition. The jury returned a verdict in favor of the plaintiff, and the defendant excepts to the overruling of its demurrers, the refusal to strike a notice to produce certain papers which had been served upon the defendant, and the overruling of its motion for a new trial.
From the allegations of the third paragraph of the petition, that “defendant was the last of several connecting roads over which said shipment was transported, . . and defendant received the goods as above'set forth, as in good order, from'its connecting road,” it is evident that it is sought to maintain the action under the provisions of section 2752 of the Civil Code of 1910, and that the allegations of the fifth paragraph, to the effect that the defendant had failed to trace the shipment under the requirements of section 2771 of the Civil Code, may be treated as a mere part of the history of the case, and a needless reference to the circumstances by which the plaintiff intended to show that the goods were in fact received by the last connecting carrier in good order. This view of the petition (even applying the general rule that pleadings' are to be most strongly construed against the pleader) is confirmed by the fact that at the conclusion of paragraph 4, damages are predicated upon the allegations of the preceding paragraph, and •no damages are alleged to have resulted by reason of the failure of the defendant to comply with the notice prescribed by section 2771, to which reference is made in paragraph 5.
To state briefly the two propositions which are involved: (1) An action for damages against a foreign corporation may be brought in a proper court in any county of the State where it has an office, agent, or place of business, so that service may be perfected; and of. an action brought under § 2752 the appropriate courts of the county where the delivery is, or should be, made by the last of the connecting carriers have jurisdiction. (2) Where one, in claiming damages from the last of several connecting carriers for damage to a shipment delivered him in bad condition
The remaining grounds of the demurrer are plainly without merit, except that we think that the defendant was entitled to be more specifically informed as to the nature and extent of the injury to the several articles enumerated, in order to enable him to properly prepare his defense. But inasmuch as the evidence that these several articles were practically ruined and destroyed was undisputed, the evidence does not seem to have been prejudicial or to warrant the grant of a new trial. If the injury to the furniture was not as great as was testified to, it was within the power of the defendant, by producing its agent who delivered’ the furniture, to shed at least some light upon their true condition, at variance .with the plaintiff’s testimony upon this subject.
Exception is also taken to the court’s ruling in passing a peremptory order requiring counsel, upon whom the notice to produce had been served, to produce such papers as he had of those included
Judgment affirmed.