East Tennessee & Virginia Railroad v. Roger
Tennessee Supreme Court
FROM BRADLEY. Appeal in error from the judgment of the Circuit Court, September Term, 1870. D. M. Key, J., sitting by interchange. 1. The receipt should have been read in the light of the other facts agreed on, and these would make it appear that it was not a special contract to deliver to the consignee: citing 2 Red. Rail., 104 and note; Id., 107, n. 14; Id., 109, s. 163; E. Tenn. & Oa. E. i?. Co. v. Nelson, 1 Col., 276; 1 Red.
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FROM BRADLEY. Appeal in error from the judgment of the Circuit Court, September Term, 1870. D. M. Key, J., sitting by interchange. 1. The receipt should have been read in the light of the other facts agreed on, and these would make it appear that it was not a special contract to deliver to the consignee: citing 2 Red. Rail., 104 and note; Id., 107, n. 14; Id., 109, s. 163; E. Tenn. & Oa. E. i?. Co. v. Nelson, 1 Col., 276; 1 Red. Rail., 101, n. 9. 2. The mark upon the goods is not evidence that the carrier has undertaken to - carry them to their destination: citing authorities cited above. 3.…
1Opinion of the CourtFeeeMAN, J.
This action was brought before a justice of the peace to recover for the value of a lot of dressed poultry shipped by Rogers and Hartsell, via East Ten*145nessee, Virginia and Georgia Railroad, from Chattanooga, for which the company, by their agent, gave the following receipt: “Received of Rogers and Hartsell, for John F. Hagan, Atlanta, the following articles, to-wit: 1 barrel and one box of poultry, 239 lbs., to be forwarded by the East Tennesse and Georgia Railroad, subject to freight and the regulations of the company. Signed, Samuel Rose, Agent.”
In the agreed case in the record it is…
2Cases cited1 opinion
- Foy v. Troy & Boston Rail RoadNew York Supreme Court · 1856
3Cited by2 opinions
- Ala. Great Southern Railroad v. Thomas & SonsSupreme Court of Alabama · 1887
- Southeastern Express Co. v. Fry Produce Co.Court of Appeals of Tennessee · 1925