136 Ga. 272 | Ga. | 1911
The defendant in error (hereinafter called the plaintiff)- brought suit against the plaintiff in error (hereinafter, called the defendant), making substantially the following allegations: The defendant was a corporation doing the business of a common carrier of passengers and goods within the State, with officers and agents within the county in .which the suit was brought, and on the “16th day of May, 1907, said Southern Railway Company received at its shipping office in Atlanta, Fulton County, Georgia, one glazed door, . . the property of petitioner, for shipment over its said line to Waco, Ga., and issued its receipt or bill of lading therefor, in which bill of lading petitioner was named as consignee.” The dofir was injured and damaged to the extent of-$50. She afterwards filed with the agent of the defendant her claim for damages, duly verified, in pursuance of the act of 1906, (Ga. L. 1906, p. 102), and the defendant refused to pay and adjust the claim. She brought suit to recover $50 “damage, with legal interest, as well as for the additional sum of fifty dollars as a penalty
In the case we are considering the consignee had no interest whatever in the property damaged .while being transported from Atlanta to Waco by the railroad company.1 Her husband testified he owned the property, and “The reason I shipped this door to Mrs. H. Miko was because she was my wife and was running my house and was home all the time. 'I could not send it to anybody else, except my wife. I sent the door to my wife to my home. I could not send it to somebody else.” The suit brought by the
Judgment reversed.