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Bill of lading indorsed in blank, accompanying draft discounted,

carrier delivering to consignee without production of, lia

ble. Ibid. 221(1). Bill of lading indorsed to bank discounting draft, passes title of

consignment to bank. Ibid. Bill of lading, nature of, and how far negotiable, defined. Haas rs.

Kansas City Railroad, 795. Bill of lading not indorsed by party in whose favor issued, plaintiff

cannot sue thereon. Ibid. 792(3). Change of destination of freight (melons) by shipper's consent,

after breach by carrier of contract to deliver in time for
steamer carrier bound to make loss good. Skellie 18. Central
Railroad, 56(2).
Same: Denial of amendment which put plaintiff out of

court, not error. Ibid. 56(2a). Child hurt at crossing of street, due care on part of, to avoid injury,

defined. Western & Atlantic Railroad 18. Young, 397(2). Conditions precedent in stock subscription notes, discussed. John

son v. Georgia Midland Railroad, 725. Conductor's report not privileged, and production compelled under

notice. Carlton is. Western & Atlantic Railroad, 531(2a). Connecting roads; if statutory liability under 32084 asserted, de

fendant should be put on notice of it. Western & Atlantic
Railroad 18. Exposition Vills, 523(2n).
Same: At common law, defendant could show that goods

were injured by previous line. Ibid.
Same: Or take advantage of exceptions reserved in con-

tract between shipper and first carrier. Ibid. 523(26). Connecting road, last in line, what facts constitute. Ibid. 522(la). Connecting roads, liability of last in line determined under com

mon law, and not under (2084, if not alleged that last road

received goods as in “good order.” Ibid. 523(2). Contract to deliver to B. for B. not support allegation to deliver to

plaintiff, a corporation, or to B. for it. Atlanta & West Point

(o. 78. Teras Grate ('o. 602. Cross-ties cut and delivered, suit on account for, amendable by set

ting out a contract, it being in the nature of a memorandum

fixing prices, sizes, etc. Fla. Midland x's. Vornedoe, 175(1). ('ross-ties, trespass for cutting and taking; plaintiff must show land

from which taken was his. Parker vs. Waycross & Fla. 392

Delay, measure of damages for, is difference in value at destina

tion when they should and did arrive. Atlanta & West
Point Co. vs. Texas Grate Co. 60214).
Same: If contract specifies no time, evidence must show

what was reasonable time. Ibid. Deliver melons, contract to, by rail, in time for steamer, and breach,

gives action. Skellie vs. Central Railroad, 56(2).
Same: Change of destination, by shipper's consent, after

breach, railroad still bound to make loss good. Ibid. Delivery, delay in, no recovery for, if proceeds sufficient to cover

amount of draft advanced by plaintiff. Haas vs. Kansas City Railroad, 792(2).

Same: Profits anticipated not recoverable. Ibid. Delivery, prompt, prevented by strike of employés; duty and lia

bility of carrier in such cases stated. Ibid. Disorderly or profane, passenger with or without ticket, no right to

remain. Peavy 18. Georgia Railroad, 485(1).
Same: Violence of conductor provoked by extreme vio-

lence and abuse by passenger, road not liable, though

conductor not fully excusable for shooting: Ibid. 485(2). Ejection of passenger, disorderly, obscene and profane, proper,

though having ticket. Ibid. 485(1).
Same: Violence of conductor in shooting, though not

fully excusable, road not liable, when provoked by ex

treme violence of passenger. Ibid. 485(2). Engineer, duty of, to know who is in possession of the line and

franchises over which he runs engine. Dunlap 18. Rich

mond & Danville, 136(2). Evidence; plaintiff closing on proof of no negligence on his part,

may rebut defendant's proof of none on its part. Central

Railroad vs. Nash, 580(1). Excitement as an excuse to passenger jumping from train, dis

cussed. Covington v8. Western & Atlantic Railroad, 274(1). Homicide of husband. See Interest and Csury. Homicide of husband; evidence here sustains finding. Central

Railroad vs. Nash, 581(5). Homicide of husband; excessive verdict, $5,304 held not so. Ibid.

581(6). Homicide of husband; prima facie case made out on proof of kill

ing, and that he was not negligent. Ibid. 580(1).
Same: Plaintiff may rebut defendant's evidence showing

no negligence on its part. Ibid.

Injury to freight (grates broken), must appear how many,

and extent of injury. Atlanta & West Point vs. Texas Co. 602(5). Jumping by passenger to avoid being carried beyond street cross

ing, nonsuit proper. Watson vs. Ga. Pacific Railway, 476. Same: Promise of conductor to let passenger off, not alter

case. Ibid. Jumping by passenger when train stopped reasonable time for him

to alight, no recovery. Covington vs. Western & Atlantic

Railroad, 275. Jumping under excitement, not error to refuse to charge as to,

when. Ibid. 273. Lease; no presumption that one road has leased track of other.

Dunlap vs. Richmond & Danville Railroad, 139(2). Licensee of right to sell lunches, road not liable for battery of, by

competitor in trade. Fluker r8. Ga. Railroad, 461(4). License implied, to seller of lunches, without consideration, rev

ocable at will on notice given. Ibid. 461(2).
Same: Licensee persisting may be prevented by necessary

force. Ibid. 461(3). Limit liability, carrier may, in Massachusetts, and last road may

set up here, where sued at common law, and not under

32084. Western & Atlantic vs. Exposition Mills, 523(3). Minor losing arm at public crossing; measure of damages stated.

Western & Atlantic Railroad v8. Young, 397(4). Mule frightened by whistle and ran on track, more probable than

that driver was trying to beat engine to crossing. Central

Railroad vs. Hollinshead, 208(2). Negligence as matter of law discussed, Western & Allantic vs.

Young, 397(3). Negligence is for jury, and a charge which takes from them whether

jumping from train was so or not, error. Covington vs.

Western & Atlantic Railroad, 273(2). | Negligence, plaintiff limited to acts specified; charge as to, ap

proved here. Central Railroad vs. Nash, 581(2).
Same: Head-note in Georgia Railroad vs. Oaks, 52 Ga. 410,

criticized. Ibid. 585. Nonsuit, on action for failing to deliver melons in time for steamer,

was proper here. Skellie vs. Central Railroad, 56(4). Notes for stock subscribed, payable on completion of section " ready

for the cross-ties, trestles and bridges,” when mature.
Johnson vs. Ga. Midland, 725.
Same: Recitals as to privileges to be secured, how road to

be operated, and as to side-tracks, not conditions prece
dent, when. Ibid.

Open cars, machinery shipped on, by agreement of shipper, carrier

not liable. Western & Atlantic vs. Exposition Mills, 524(36). Same: But if diligence, during a detention, required cov

ering, liable for failure to cover. Ibid. "Owner's risk,” goods shipped at, no defence against negligence or

unreasonable delay. Ibid. 524(3a). Presumption, none exists that one road has leased other, when.

Dunlap vs. Richmond & Danville Railroad, 136(2). Purchase of stock in other road, even if illegal, minority stock

holders concluded by long acquiescence: Alexander vs.

Searcy, 536(1).
Purchasing, owning and voting stock in another railroad, illegal as

to the public. Ibid. 536(16).
Same: Stockholders dissatisfied must complain promptly,

but State may at any time. Ibid.
Same: Stockholders becoming such after the illegal act,

cannot complain. Ibid. 537(3). Right of way, dominion over, and over trains and tracks, absolute

as private owner. Fluker vs. Georgia Railroad, 461(1). Same: Corporation may exclude seller of lunches to passengers.

Ibid. Rope furnished to well-digger breaking, no liability, when. Reid

vs. Central Railroad, 694. Settlement with employé hurt by paying him his wages only, where

under a (death warrant) contract he was to receive wages and damages as agreed in case of injury, held nudum pactum

and no bar. Carlton vs. Western & Atlantic, 531(3). Strike of employés, prompt delivery prevented by ; duty and lia

bility of carrier in such cases stated. Haas vs. Kansas

City Railroad, 792(1). Through freight contract, what facts will show, prima facie. Atlanta Whistle blown to frighten animal and not to keep it from going on

& West Point Railroad vs. Texas Grate Co. 602(6'. Track of other road, engineer hurt while driving engine over,

master not liable, when. Dunlap 18. Richmond & Danville

Railroad, 136(1). Trespass by employés of subcontractor, in cutting timber, defend

ant not liable for. Parker vs. Waycross Railroad, 388(6). Undisclosed principal may sue, but pleading must be shaped to

meet proof of agency, and agency must be shown. Atlanta

& West Point Railroad vs. Tex is Grate Co. 602(2). Verdict for $500 for pain and confinement, is not excessive. Atlanta

& West Point Railroad vs. Smith, 620(2).

track, court may charge as to, when. Central Railroad vs. Hollinshead, 203(1).

Contract under seal made by agent, when his individual contract.

Florida Midland Railroad vs. Varnedoe, 176(7).
Same: As to ratification or adoption by corporation. Ibid.


Creditor, though not a judgment creditor, 'may, under certain cir

cumstances, resort to equity. Wolfe vs. Claflin, 65. Fraud in purchaser of goods appearing, chancellor should look at

whole case and grant, if ends of justice require it. Ibid.
Same: Discretion in granting was properly exercised here.

Lien of highest dignity, court erred in refusing to order payment

out of fund in hands of. Akerman vs. Moon, 688. Sale procured by fraud of purchaser, and fraudulent mortgage by

him, chancellor should appoint, when. Wolfe vs. Claflin, 64(1).


RECORD. See Notice.

Sale with reservation of title not executed and recorded properly,

claim for rent contracted after, prevails over. Gartrell 18. Clay, 327.

REDEMPTION. See Deeds ; Tar; Tender.

REMAINDERS. See Estates.

RENT. See Crops.

Transferee of rent note (acts 1882–3, p. 109), special lien of, dis

cussed. Andrew vs. Stuart, 53(2).
Same: Though transferred before crop planted, and as col-

lateral security, holder protected. Ibid.


Illegality, grounds made or which could have been made in one first

filed, are. Craig vs. Cosby, 650.

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