Southern Railway Co. v. Atlanta Sand & Supply Co.

ON REHEARING.

Russell and Powell, JJ.

In the original opinion the judgment was affirmed as to the rulings on demurrer, but was reversed because the trial court erred in rejecting certain evidence offered by the defendant, tending to show that notwithstanding that it had failed to furnish cars in compliance with the plaintiff’s demand, under rule 9 of the Railroad Commission, the failure was occasioned by facts and circumstances which, under the decision of the Supreme Court in answer to the certified questions presented in this case, would have excused the defendant for not so doing. In the…