Mobley v. Charlotte &c. Railroad

Citations

• 42 S.C. 306
• 20 S.E. 83
• 1894 S.C. LEXIS 39

Syllabus

<p>1. Shipment — Evidence—Verdict.—In an action to recover damages from a railroad company for delay in shipping cattle, the question as to the route by which the cattle were agreed to be shipped is, in the absence of a bill of lading, a question of fact for the jury; and there being no evidence of any delay in the shipment by the route adopted, a verdict for defendant established that as the route agreed upon.</p> <p>2. Verdict — Immaterial Errors. — The verdict having established, under proper instructions, that there were no damages, alleged error in the charge of the judge, as to the measure of damages and as to the facts bearing upon this issue, become immaterial.</p> <p>3. Irrelevancy — Evidence.—-The admission in evidence of a blank form of a released contract, cannot be objected to on appeal, for, even if irrelevant, its introduction was within the trial judge’s discretion, and, besides, it tended more fully to explain what was a released contract, as to which there had been testimony.</p> <p>4. Waybill. — The charge in this case did not declare a waybill to be the contract between the parties, but only that it was a written memorandum made at the time by the carrier and seen by the shipper.</p>