136 Ga. 494 | Ga. | 1911
(After stating the foregoing facts.) Haig & Puryear sued the Western & Atlantic Railroad Company for actual and punitive damages for a f ailurp to deliver, for unloading by the plaintiffs; cars of ice shipped to Dalton, Ga., to the plaintiffs over the Southern Railway^, on a side-track or spur-track of the defendant near the warehouse and place of business of the plaintiffs. It was alleged that it had been the practice and custom of the defendant,
Besides being á suit to recover damages with respect to the car of ice received by the defendant on July 20, 1909, the suit was one to recover damages, because it had been the practice and custom of the defendant from March, 1908, to July 20, 1909, to receive cars of ice consigned to the plaintiffs and brought to Dalton by the Southern Kailway, and deliver them for unloading on the side-track near the place of business and warehouse of the plaintiffs, and because on named dates in July and August, 1909, the defendant refused to thus receive and deliver ears consigned to the plaintiffs and brought to Dalton by the Southern on these days; especially in view of the fact that the defendant did ,not*give the plaintiffs reasonable notice before these dates of its intention to discontinue
Judgment reversed.