86 Ga. 686 | Ga. | 1891
Skellie, Lowe and Everett sued the railroad company for damages. They alleged in their petition, in substance, that they made a contract with the railroad company to ship a car-load of peaches from Bummer-field on the line of defendant’s road to Savannah, G-a., and thence by steamer to New York; that the railroad company sent a car from Macon to Summerfield on Saturday, and they were to load it with peaches by Monday afternoon at four o’clock, when the" through-freight which passed Snmmerfield on its way to Savannah at that hour wasAo stop, take up the car and carry it to Savannah in time for the next day’s steamer to New York; that the car was loaded by the hour agreed upon, but the defendant failed to stop its train and
These questions which we have noticed are the only material ones in this motion for a new trial. The others seem to us immaterial, and if there be any errors in the other charges complained of, or in refusals to charge certain requests, they will doubtless be corrected upon another hearing. We think the questions to be tried by the jury in this case are: (1) Did the plaintiffs in the court below make a through contract with defendant to ship these peaches to Savannah and thence by steamer to New York? If they did and defendant failed to perform its contract, and the plaintiffs were injured thereby, they would be entitled to recover. (2) Did they make a new contract to ship by the all rail route to New York? If they made such a new contract and the defendant damaged them by an unreasonable delay on the route, they would still be entitled to recover such damages as they may have sustained by reason of the delay. If they made no new contract, but