62 Ga. 347 | Ga. | 1879
The plaintiff brought his action agaist the defendants as receivers of the Atlantic and Gulf Bailroad Company to recover the value of a trunk and its contents, alleged to have been lost by the defendants’ negligence as common carriers between the city of Savannah, Georgia, and the city of Jasksonville, Florida. On the trial of the case the jury, under the charge of the court, found a verdict for the plaintiff. A motion was made for a new trial on the grounds therein stated, which was granted by the court, and the plaintiff excepted.
It appears from the evidence in the record that the plaintiff, on the 6th of November, 1877, purchased a through ticket of defendants’ agent at Savannah, for a passage by railroad from the latter place to Jacksonville, Florida, and that he paid full fare for the same ; that he took passage on its cars with his trunk at Savannah for Jacksonville, the place of destination, the defendants’ agent having delivered to him the customary through ticket for himself, and a brass check for his trunk marked “ Atlantic and Gulf Bailroad, 998.” On his arrival at Jacksonville he presented his check and demanded his trunk, which defendants’ agent failed to
Let the judgment of the court below be reversed.