53 Ga. 128 | Ga. | 1874
This was an action brought by the plaintiffs against the defendant as a common carrier, alleging that on the 26th of October, 1865, in the city of Savannah, Georgia, they caused to be delivered to the defendant certain- described goods, of the value of $4,000 00; that the defendant then and there accepted and received said goods from the plaintiffs, to be safely carried, and conveyed by defendánt from said city of Savannah to the, city of Atlanta for a certain reasonable reward; that the defendant, neglecting its duty as such common carrier, so negligently and carelessly demeaned itself in the premises that said goods were wholly lost to the plaintiffs, to their damage as aforesaid. It also appears from the record that the plaintiffs had commenced a former action against the defendant to recover damages for the loss of the same goods now sued for, on the trial of which the plaintiffs were non-suited; thereupon, the plaintiffs sued out their writ of error to this court within the time prescribed by law, and-on the hearing thereof
By a careful examination of the facts as disclosed by the plaintiffs’ evidence in the Shea ease, and in Cohen & Menko’s ase, and the judgments of this, court thereon, it will be perceived that it was held in both cases that the plaintiffs could not recover of the defendant, because, in each case, the plaintiffs showed, by their own evidence, that they had made an ex
Let the judgment of the court below be reversed.