Railroad Co. v. Reeves
Supreme Court of the United States
In error to the Circuit'Court for the Western District of Tennessee, the case being this: Reeves sued the Memphis and Charleston Railroad Company as a common carrier for damage to a quantity of tobacco received by it .for carriage, the allegation being negligence and want of due care.
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In error to the Circuit'Court for the Western District of Tennessee, the case being this: Reeves sued the Memphis and Charleston Railroad Company as a common carrier for damage to a quantity of tobacco received by it .for carriage, the allegation being negligence and want of due care. The tobacco came, by rail from Salisbury, North Carolina, to Chattanooga, Tennessee, reaching the latter place on the 5th of March, 1867. At Chattanooga it was received by the Memphis and Charleston Railroad Company on the 5th of March, and reloaded into two of its cars, about five o’clock in the afternoon. ■…
1Opinion of the CourtJustice Miller
A preliminary point is raised by the defendant in error that the exception was not taken at the trial, but was taken afterwards on the overruling of a motion for a new trial.
It seems probable that the formal bill of exceptions was not signed or settled until after the motion was overruled, but it is a common practice, convenient in dispatch of business, to permit the party to claim and note au exception, when the occasion arises, but defer reducing it to a formal instrument until the trial is over. We think the language of the bill implies that this was done in the present case, and that it…
2Cited by166 opinions
- Schnell v. the VallescuraSupreme Court of the United States · 1934
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Chesapeake & Ohio Railway Co. v. Thompson Manufacturing Co.Supreme Court of the United States · 1926
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- The Malcolm Baxter, Jr.Supreme Court of the United States · 1928
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