Atlantic Coastal Line R. Co. v. Holman

LAWSON, Justice.

This case seems to have been tried at nisi prius on the theory that plaintiff could not recover unless he had complied with the terms of § 4(c) of the Uniform Livestock Contract, under which the shipment was made. It appears that the question as to whether compliance with the provisions of said section was a condition precedent to plaintiff’s recovery was not presented to the Court of Appeals and that court expressly declined to consider such question. Therefore, such question is not presented here. It might be observed, however, that since this suit arises out of an…