Southern Railway Co. v. Kinchen & Co.
Supreme Court of Georgia
Action for damages. Before Judge Smith. Telfair superior court. April term, 1897. R. L. Kinchen & Company sued the railway company for damages on account of an alleged wrongful delivery to the J. C. "Wilson Coal & Lumber Company of a car of shingles received by the defendant from the plaintiffs at Scotland, Georgia, for shipment to Jellico, Tennessee; the plaintiffs alleging that the shingles were shipped with “order to notify” the J. C. Wilson Coal & Lumber Company, and…
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Action for damages. Before Judge Smith. Telfair superior court. April term, 1897. R. L. Kinchen & Company sued the railway company for damages on account of an alleged wrongful delivery to the J. C. "Wilson Coal & Lumber Company of a car of shingles received by the defendant from the plaintiffs at Scotland, Georgia, for shipment to Jellico, Tennessee; the plaintiffs alleging that the shingles were shipped with “order to notify” the J. C. Wilson Coal & Lumber Company, and were not to be delivered by the defendant except upon receipt of the bill of lading, but that it delivered them without the…
1Opinion of the CourtFish, J.
1. The court permitted R. L. Kinchen to testify, over the objection of the defendant’s counsel, that L. S. Coley, the station-agent of the defendant at Scotland, Ga., told the witness, about two or three weeks after the car-load of shingles had been shipped from Scotland, that he, Coley, had wired the agent of the defendant at Jellico, Tenn., and that the shingles had been delivered to the J. C. Wilson Coal & Lumber Co. The objections urged to this testimony were, that such declarations of Coley were not made within the scope of his duties, were no part of the transaction of shipping the…
2Cases cited4 opinions
- Evans & Ragland v. Atlanta & West Point RailroadSupreme Court of Georgia · 1876
- Johnson & Shahan v. East Tenn., Va. & Ga. R. Co.Supreme Court of Georgia · 1893
- Hematite Mining Co. v. East Tenn., Va. & Ga. Ry. Co.Supreme Court of Georgia · 1893
- East Tennessee, Virginia & Georgia Railroad v. DugganSupreme Court of Georgia · 1874
3Cited by12 opinions
- National Building Ass'n v. QuinSupreme Court of Georgia · 1904
- A. D. Blowers & Co. v. Canadian Pac. Ry. Co.U.S. Circuit Court for the District of Western Washington · 1907
- Moore v. Florida Rock & Tank Lines, Inc.Court of Appeals of Georgia · 1987
- Kewanee Private Utilities Co. v. Norfolk Southern RailroadSupreme Court of Virginia · 1916
- American Ry. Express Co. v. Patterason Produce Co.Texas Commission of Appeals · 1929
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