Alton R.R. Co. v. Gillarde

This is an appeal from a judgment of the Appellate Court for the Third District. The appeal was allowed by that court on certificate of importance. The majority of the judges of that court certified that the case involves a question of law not heretofore passed upon by this court, and upon which there were conflicting decisions of the different Appellate Courts of this State.

A brief statement of the facts is necessary to a correct understanding of the questions of law involved. The material facts may be summarized as follows: On January 21, 1933, C. H. Taylor & Co. delivered to the Atlantic…