Nashville, Chattanooga & St. Louis Railway v. Truitt Co.
Court of Appeals of Georgia
Attachment; from city court of LaG-range — Judge Harwell. November 29, 1913. C. Y. Truitt Company sued out an attachment against the Nashville, Chattanooga & St. Louis Railway, and filed a declaration alleging, that the plaintiff delivered to the defendant a car-load of mules, to be transported from Nashville, Tennessee, to LaGrange, Georgia; that one of the mules died in transit, and its value was $250; and that three of them were, without the knowledge or consent of the…
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Attachment; from city court of LaG-range — Judge Harwell. November 29, 1913. C. Y. Truitt Company sued out an attachment against the Nashville, Chattanooga & St. Louis Railway, and filed a declaration alleging, that the plaintiff delivered to the defendant a car-load of mules, to be transported from Nashville, Tennessee, to LaGrange, Georgia; that one of the mules died in transit, and its value was $250; and that three of them were, without the knowledge or consent of the plaintiff, exchanged or substituted in transit for three others, which tvere $200 less in value than the three for which…
1Opinion of the CourtWade, J.
(After stating the foregoing facts.) Since the controlling question in this case is involved in a consideration of the points raised by the cross-bill of exceptions, it would be futile to consider or discuss the sole question raised by the main bill of exceptions, sued out because the court refused to grant the defendant’s motion for a new trial, which was based entirely on the alleged insufficiency of the evidence to sustain the verdict. Under the ruling hereinafter made on the cross-bill, the case must go back for another trial,, and the evidence adduced at that trial may be radically…
2Cases cited13 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Atchison, Topeka & Santa Fe Railway Co. v. RobinsonSupreme Court of the United States · 1914
- Chicago, Burlington & Quincy Railway Co. v. MillerSupreme Court of the United States · 1913
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3Cited by2 opinions
- Western & Atlantic Railroad v. WaldripCourt of Appeals of Georgia · 1916
- Nashville, Chattanooga & St. Louis Railway v. Truitt Co.Court of Appeals of Georgia · 1915