Payne v. Cheshire
Court of Appeals of Georgia
Certiorari; from Fulton superior court — Judge George L. Bell. October 27, 1920. T. J. Cheshire brought suit iu the municipal court of Atlanta against Walter B. Hines, director general of railroads. When Federal control was terminated, under the provisions of the transportation act of 1920, John Barton Payne, as Federal agent, automatically became the defendant.
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Certiorari; from Fulton superior court — Judge George L. Bell. October 27, 1920. T. J. Cheshire brought suit iu the municipal court of Atlanta against Walter B. Hines, director general of railroads. When Federal control was terminated, under the provisions of the transportation act of 1920, John Barton Payne, as Federal agent, automatically became the defendant. The petition alleged, that on May 7, 1918, there was delivered to the defendant’s agents at Norfolk, Va., for the purpose of transportation to Atlanta, Ga., thirty cases of fresh cakes which were consigned to the plaintiff, and that…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.)
1. In the condition in which we find the record in this case we cannot say that there is any merit in the exception that' the court erred in excluding from the jury “the testimony of Mr. Walker and Mr. Woodall in so far as anything they may have *326said tended to bear on the question of unusual congestion of freight,” the objection urged thereto being that “the defendant has failed to couple it up, or to show that it was accidental, or that they had no opportunity to foresee it, or that they gave notice.”
2. In the bill of exceptions error is assigned on “ the…
2Cases cited3 opinions
- Masters v. Southern Express Co.Court of Appeals of Georgia · 1919
- Davis v. Town of GibsonCourt of Appeals of Georgia · 1920
- Fox v. StateSupreme Court of Georgia · 1920
3Cited by2 opinions
- Wilson v. ClarySupreme Court of South Carolina · 1948
- Harley Hardware Co. v. Harry S. Lafond Co.Court of Appeals of Georgia · 1922