Southern Ry. Co. v. Mooresville Cotton Mills
Court of Appeals for the Fourth Circuit
In Error and Cross-Error to the Circuit Court of the United States for the Western District of North Carolina, at Statesville. Action at law by the Mooresville Cotton Mills against-the Southern Railway Company. Judgment for plaintiff, and both parties bring error.
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In Error and Cross-Error to the Circuit Court of the United States for the Western District of North Carolina, at Statesville. Action at law by the Mooresville Cotton Mills against-the Southern Railway Company. Judgment for plaintiff, and both parties bring error. This is an action instituted in the state court and removed therefrom to the United States Circuit Court for the Western District of North Carolina by an order of tbe state court upon petition of the defendant below. Among other' things, in the fifth paragraph of the complaint, it is alleged: “That at the time of said shipment from…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). The question presented for our consideration is as to whether it was competent for the witness Adams to testify as to the correctness of the statements contained in the paper which was attached to his deposition and marked Exhibit F, and which purported to contain the weights of the cars at the time they were loaded for shipment. In other words, did the witness testify as to facts that were within his own knowledge, or did his testimony depend upon information received from another? The determination of the questions involved in this case depends entirely…
2Cases cited15 opinions
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Donovan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Conley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Miller v. ShayMassachusetts Supreme Judicial Court · 1887
- Weaver v. BromleyMichigan Supreme Court · 1887
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3Cited by6 opinions
- Cudahy Packing Co. v. Munson S. S. LineCourt of Appeals for the Second Circuit · 1927
- Pacific S. S. Co. v. SuttonCourt of Appeals for the Ninth Circuit · 1925
- The FerncliffDistrict Court, D. Maryland · 1938
- The SagadahocDistrict Court, W.D. Washington · 1923
- Navigazone Libera Triestina v. Garcia & Maggini Co.Court of Appeals for the Ninth Circuit · 1929
1 more not listed; retrieve them via the Exa API.