Southwestern Railroad v. Millian

Bleckley, Justice.

The action was in favor of the S. W. R. R. Co., upon an account for freight on live stock transported to Americus for the defendant, who was the consignee thereof. The plaintiff, for the purpose of showing that the animals were carried under a special contract in writing varying the ordinary risk which the law puts upon a common carrier, introduced such a contract. The parties to it, however, were *608the Central R. R. Co. and the consignor, both of whom signed it, and the contract neither named nor referred to the plaintiff, but was an undertaking by the Central R. R. Co. to…