Rome Rail Road v. Sullivan, Cabot & Co.
Supreme Court of Georgia
Trover in Floyd Superior Court. Tried before Judge John II. Lumpkin, August Term, 1853. The facts of this case are as follows: Messrs.
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Trover in Floyd Superior Court. Tried before Judge John II. Lumpkin, August Term, 1853. The facts of this case are as follows: Messrs. Sullivan, Cabot & Co., merchants in Rome, had purchased in Augusta a quantity of rope, which was shipped on the Rome Rail Road, and arrived at the depot in Rome, Oct. 28th, 1852. On the evening of the same day, the drayman of Sullivan, Cabot & Co. was taking the rope from the depot, and placing it on his dray; when Terhune, the Rail Road agent, directed him to put it back in the depot; giving as a reason, that the freight had not been paid. The next day…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
[1.] The first exception in this case was to the testimony of Thomas J. Hightower ; and on the ground that he had not answered fully the cross-questions propounded to him in the interrogatories.
The object of this proof was to show a tender of the freight due for the transportation of the rope. And the objection to the evidence is two-fold. First. Because the witness did not state, as he ivas requested to do, whether or not he actually demanded the rope of Terhune. the agent of the road. The an*280swer to this is, that the omission is for the benefit…
2Cited by9 opinions
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- Western & Atlantic Railroad v. ReedCourt of Appeals of Georgia · 1925
- Rogers v. StateSupreme Court of Georgia · 1892
- Michigan Central Railroad v. HaleMichigan Supreme Court · 1859
- Bradford v. Water Lot Co.Supreme Court of Georgia · 1877
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