Whitney Manuf. Co. v. Richmond, R. R.
Supreme Court of South Carolina
Before Fraser, J., Spartanburg) January, 1892. Action by the Whitney Manufacturing Company against the Richmond and Danville Railroad Company.
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Before Fraser, J., Spartanburg) January, 1892. Action by the Whitney Manufacturing Company against the Richmond and Danville Railroad Company. A witness for plaintiff, being examined by Mr. Simpson, plaintiff’s counsel, was asked: ‘What do you know about the Archer switch, as to receiving cotton from the Archer switch, unloading cotton from the switch? (Objected, on the ground that what was done at the Archer switch has nothing to do with the case, unless it is shown that the Archer switch is exactly such a switch as the Whitney switch.) “Mr. Simpson: We attempted to show yesterday that the…
1Opinion of the Court
The opinion of the court was delivered by
Me. Justice Pope.
The plaintiff, appellant, shipped by the defendant, respondent, thirteen bales of cotton in December, 1889. It appears from the “Case” that they had made an arrangement with each other, whereby all machinery and cotton shipped by the appellant over the respondent’s road should be delivered at a switch known as the “Whitney switch,” it being a side track alongside the respondent’s leased railroad, about two miles distant from Spartanburg, this “Whitney switch” having been graded by the appellant, and the track thereof having been…
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