Brinson Railway Co. v. Beard

This was a suit to recover damages for failure of the defendant railway company to deliver a car-load of cottonseed according to the terms of its bill of lading. The defendant excepted to the judgment overruling its motion for a new trial. The motion contains the usual general grounds, and a special assignment of error on the refusal of the trial court to permit the defendant to introduce in evidence the testimony of a witness for the defendant who had testified under oath at 'a former trial of the same cause.

As to the general grounds: there was direct conflict in the evidence as to the…