Pennsylvania Railroad v. Naive
Tennessee Supreme Court
FROM SUMNER. Appeal in error from the Circuit Court of Sumner County. — B. D. Bell, Judge. Statement by Mr. Justice Neil. The plaintiff below was a dealer in eggs, poultry, and produce, having places of business at Gallatin and Nashville, this State. On Saturday, the twenty-ninth day of June, 1901, he consigned to Wm. Soeder & Son, at Philadelphia, Pa., a shipment consisting of 25% barrels of dressed poultry."
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FROM SUMNER. Appeal in error from the Circuit Court of Sumner County. — B. D. Bell, Judge. Statement by Mr. Justice Neil. The plaintiff below was a dealer in eggs, poultry, and produce, having places of business at Gallatin and Nashville, this State. On Saturday, the twenty-ninth day of June, 1901, he consigned to Wm. Soeder & Son, at Philadelphia, Pa., a shipment consisting of 25% barrels of dressed poultry." A reasonably prompt transportation of the goods would have put them into Philadelphia on Wednesday afternoon, which was July 3, 1901; and the consignment, if in good condition, and…
1Opinion of the CourtJustice Neil
The first assignment of error is not well taken, and must be overruled. We think the facts set forth in the statement are sufficient to show that there was some evidence from which the jury might reasonably infer that the goods were in good condition and properly packed when delivered by the consignor to the carrier for shipment. This meets the requirements of the rule of law' applicable to the subject.
The second and third assignments may be considered together. While his honor, for the reasons set out in the objection made by counsel, committed a technical error in allowing the witnesses…
2Cases cited52 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Barnard v. KelloggSupreme Court of the United States · 1871
- PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
- Auzerais v. NagleeCalifornia Supreme Court · 1887
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3Cited by34 opinions
- Chicago & Northwestern Railway Co. v. C. C. Whitnack Produce Co.Supreme Court of the United States · 1922
- Power Packing Co. v. BorumCourt of Appeals of Tennessee · 1928
- Nashville Railway & Light Co. v. HarrisonCourt of Appeals of Tennessee · 1927
- J. Avery Bryan, Inc. v. HubbardCourt of Appeals of Tennessee · 1949
- Philadelphia, Baltimore & Washington Railroad v. DiffendalCourt of Appeals of Maryland · 1909
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