The Southern States, March, 1894: An illustrated monthly magazine devoted to the SouthVarious
History
The Southern States, March, 1894: An illustrated monthly magazine devoted to the South
Various
Agriculture -- Southern States -- Periodicals; Southern States -- Industries -- Periodicals; Southern States -- Periodicals
In two suits recently brought against the Texas & Pacific road, a New
Orleans judge has rendered a decision that is of very general interest.
The decision in brief is that a railroad is bound by the admissions
contained in the bill of lading just as the shipper is bound by the
terms. Several weeks ago two suits, exactly the same except for the
amounts involved and the complainants’ identity, were filed against the
Texas & Pacific road. In both damages was asked for cotton received
in a damaged condition, which the bill of lading sets forth had been
received by the road in good condition.
In both cases the plaintiffs introduced the bills of lading in
evidence. They showed by the signature of the authorized agents of the
road that the cotton had been received by the road for shipment in good
condition. The road in its defense attempted to prove that the cotton
was received in the same condition as when delivered, and that it had
not been damaged in transportation.
The plaintiffs both proved that upon the receipt of the bills of
lading, specifying that the cotton had been received by the road in
good condition, they had paid for it by sight drafts in favor of the
shippers.
In his decisions, both of which were the same, the judge held that
evidence to disapprove the statements contained in the road’s bill
of lading was inadmissible, and that the bill of lading placed the
responsibility for the condition of the cotton with the road. For these
reasons judgment in both cases was for the plaintiff. The conclusion
of the court was that when the consignee pays by sight draft upon
the averment of the bill of lading evidence that the goods were not
received in good condition is not admissible.
* * * * *
It is stated that in furtherance of a plan to shorten the distance
between St. Louis and points in Western Texas and Mexico, a syndicate
has been formed to complete the Red River & Southwestern road, which is
projected from a point on the Rock Island road in the Indian Territory
through Western Texas to San Angelo, to connect with the Southern
Pacific at Spotswood Junction. It is estimated that the new route would
shorten the distance between Mexico and St. Louis fully 600 miles,
while points in Southwestern Texas will be 200 miles nearer the latter
city.
* * * * *
C. W. Cheers, formerly assistant general freight agent in Birmingham of
the Kansas City, Memphis & Birmingham, but who resigned on January 1,
has been appointed general freight and passenger agent of the Savannah,
Americus & Montgomery, with headquarters at Americus.
* * * * *
Public-domain text, read in full here on John Shaqi.
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