Davis v. Carroll-Porter Boiler & Tank Co.

Opinion by

Mr. Justice Simpson,

Plaintiff sued to recover demurrage which accrued because of defendant’s failure to promptly accept loaded freight cars consigned to it; a verdict was recovered for about one-half of the claim, judgment entered thereon and defendant appeals.

The only assignment of error relating to the evidence, complains because a witness for plaintiff (who had been shown carbon copies of certain original notices delivered to defendant), was permitted, despite its objection that those papers were not the best evidence, to answer the question: “Were those originals sent to the…