Southwestern Railroad v. Cohen
Supreme Court of Georgia
Oertiorari. Weights and measures. Construction of statutes. Railroads. Evidence. New trial. Some paper and paper bags were shipped to Cohen at Amercus via Southwestern Railroad. The quantity delivered to him by the agent of said road at the point of destination fell largely short of the quantity called for by the railroad receipt. Cohen brought suit against the railroad for this deficiency, amounting to $24 81, in a Justice Court.
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Oertiorari. Weights and measures. Construction of statutes. Railroads. Evidence. New trial. Some paper and paper bags were shipped to Cohen at Amercus via Southwestern Railroad. The quantity delivered to him by the agent of said road at the point of destination fell largely short of the quantity called for by the railroad receipt. Cohen brought suit against the railroad for this deficiency, amounting to $24 81, in a Justice Court. Upon the trial in that tribunal, it was understood that all exceptions to testimony Should be taken upon the argument of the case. Cohen testified, that the…
1Opinion of the Court
McCay, Judge.
1. Sections 1584, 1588, of the Revised Code, providing for testing the accuracy of the weights and measures used in selling commodities, are not, by their terms, universal. They do not apply to persons engaged in buying by weights and measures, nor does it cover any cases except where goods have been sold by unmarked scales and measures. We see no good reason for confining the operation of such an Act to such weights and measures as are used to sell by. But this is the language and plain meaning of the law. We have no authority to extend the law to cases not included in its…
2Cited by2 opinions
- Nance v. Southern RailwaySupreme Court of North Carolina · 1908
- Nance v. Southern RailwaySupreme Court of North Carolina · 1908