Legal Opinion

Hematite Mining Co. v. East Tenn., Va. & Ga. Ry. Co.

Supreme Court of Georgia

Decided July 17, 1893PublishedCited by 11 opinions

Action for damages. Before Judge Henry. Eloyd superior court. September term, 1892.

1Opinion of the Court

Lumpkin, Justice.

1-2. The plaintiff sought to recover damages for an alleged failure to deliver certain car-loads of ore, claimed to have been received by the railway company for transportation. If the agent of the company knew personally of the delivery of the ore, he would have been a competent witness to prove the fact, and should have been introduced for this purpose. Instead of doing this, however, the plaintiff undertook to make out its case in part by tendering receipts for the ore, executed by this agent many months after the transaction. The rejection of this evidence is one of the…

2Cited by11 opinions

  1. Sizer & Co. v. Melton & SonsSupreme Court of Georgia · 1907
  2. Zilinmon v. StateSupreme Court of Georgia · 1975
  3. Lenney v. FinleySupreme Court of Georgia · 1903
  4. National Building Ass'n v. QuinSupreme Court of Georgia · 1904
  5. Van Gundy v. WilsonCourt of Appeals of Georgia · 1951

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