C. Wallace, Superintendent Western & Atlantic Railroad v. Matthews
Supreme Court of Georgia
Evidence. Common-carriers. Before Judge Pope. Fulton Superior Court. May Term, 1869. On the 11th of November, 1865, the Western and Atlantic Railroad agent received for shipment certain cotton, and gave therefor a receipt, as follows: “ Western and Atlantic, East Tennessee and Georgia, Virginia and Tennessee, and Orange and Alexandria Railroads. THROUGH FREIGHT LINE CONTRACT. Route by rail as above, and per steamer to New York.
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Evidence. Common-carriers. Before Judge Pope. Fulton Superior Court. May Term, 1869. On the 11th of November, 1865, the Western and Atlantic Railroad agent received for shipment certain cotton, and gave therefor a receipt, as follows: “ Western and Atlantic, East Tennessee and Georgia, Virginia and Tennessee, and Orange and Alexandria Railroads. THROUGH FREIGHT LINE CONTRACT. Route by rail as above, and per steamer to New York. Atlanta, G-a., November 11, 1865. Received of Elliott & Jarnegan, consigned to Ober, Nan-son & Co., New York, the following described packages, in apparent good order,…
1Opinion of the CourtBrown, C. J.
1. We see no good reason why the defendant in the Court below, should not have been permitted to withdraw the admissions made by him, simply to save the other party the expense and trouble of getting up the testimony; if it be discovered that they had been made by inadvertance, or mistake, or for any other reason, were not true: Provided, there was sufficient time after the withdrawal for the plaintiff to prepare his case for trial. But this would not be permitted if the plaintiff would be injured by anything that occurred while he relied upon the admission, as in case of the death of an…
2Cases cited1 opinion
- Southern Express Co. v. PurcellSupreme Court of Georgia · 1867
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- Commercial Union Assurance Co. Ltd., of London v. Chattahoochee Lumber Co.Supreme Court of Georgia · 1908
- Street v. Farmers' Elevator Co.South Dakota Supreme Court · 1914
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