Illinois Central Railroad v. Butterfield Lumber Co.
Mississippi Supreme Court
From the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge. The lumber company, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in plaintiffs favor defendant appealed to the supreme court. The suit was for alleged overcharges of freights made by defendant on shipments of lumber received from and transported for the plaintiff. The other facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtFletcher, J.
The judgment obtained by appellee depends in some degree upon the correctness of the book in which the weights of the lumber were recorded by appellee’s weightmaster, one Stillwell. On the trial, however, although this book was introduced in evidence and used by the witnesses as a basis of computation, the weightmaster was not introduced to show that the book was correctly kept, nor was there any evidence produced which would tend to show that the entries were accurate. Indeed, it was *358stated by the appellee that the weightmaster was in California, and no effort was made to have his deposition…
2Cases cited1 opinion
- Ch., St. L., & N. O. R. R. v. ProvineMississippi Supreme Court · 1883
3Cited by1 opinion
- Gulf & Ship Island Railroad v. ColeMississippi Supreme Court · 1911