Louisville & Nashville Railroad v. Yudelson
Louisville & Nashville Railroad v. Yudelson
Opinion of the Court
A box of goods was shipped from New York to Greensboro, in this State. The claim was made, that, on its arrival and delivery, the box had been broken open and some of the-goods had been lost and some injured. The last carrier in the through line was sued. Notice was served on such carrier to produce the bill of lading, and, oh its production, it was admitted in evidence without proof of its execution. The’ evidence does not expressly show how the paper came into the possession of the defendant, but it may be inferred that it took up the bill of lading on delivery of the goods; or if not so, then it received the bill of lading in connection with its transportation of the goods, and as showing the authority and contract under- which it acted. This
In Campbell v. Roberts, 66 Ga. 733, a claim was interposed to an administrator’s sale. The claimant served notice on the administrator to produce in court a deed from the decedent to the claimant. Upon its production, it was admitted in evidence on behalf of the claimant without proof of execution. This was held to be error, because it did not appear “how or in what way the administrator could have claimed a benefit under a deed conveying title out of his intestate into the claimant.” The distinction between that case and the present one is obvious.
Further than what is said above, the headnotes require no elaboration. Judgment affirmed.
Reference
- Full Case Name
- LOUISVILLE & NASHVILLE RAILROAD COMPANY v. YUDELSON
- Cited By
- 1 case
- Status
- Published