Hill v. Georgia &c. Railroad

Citations

• 43 S.C. 461
• 21 S.E. 337
• 1895 S.C. LEXIS 186

Syllabus

<p>1. Railroads — Evidence—Bill oe Lading. — In action against a railroad company for failure to deliver a lot of cotton as per agreement, there was no error in permitting the plaintiff to introduce the bill of lading in evidence, for while it showed more fully the contract, it was not contradictory of the allegation of the complaint, and because the bill of lading had been brought before the court as an exhibit to the answer.</p> <p>2. Ibid. — Ibid.—Waybill.—In such an action, the waybill, which is not a contract, was irrelevant but not incompetent testimony.</p> <p>3. Evidence — Interrogatories.—The concluding direct interrogatory in the usual form — “if you know anything further that will benefit the plaintiff, please state the same fully” — is not leading nor objectionable on the ground that it prevents cross-examination.</p> <p>4. Factor — Advances—Owner oe Goods. — A factor who has advanced money equal to or exceeding the value of cotton shipped to him, does not thereby become the owner of the cotton; and, therefore, in action by the owner and shipper to recover from a railroad company the cotton so shipped, evidence as to the condition of the account between plaintiff and the factor is irrelevant.</p> <p>5. Railroads — Connecting Lines — Bill oe Lading. — A railroad company is a common carrier over its own lines but not beyond its termini, unless it has become so by usage, character of business, or contract; and whether the railroad company has agreed to deliver beyond its own lines, must be determined by the bill of lading, which is the contract between the parties.</p> <p>6. Ibid. — -Ibid.—Ibid.—Conditions'—Loss.—A bill of lading acknowledged the receipt of cotton to be transported by the railroad receiving it, upon the condition “that in case of any loss or damage done to, or sustained by, any cotton herein receipted for during transportation, whereby any legal liability may be incurred by the terms of this contract, the company alone shall be held respons