Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-04-17
DECISIONS OF THE SUPREME COURT
OFFICIAL.

Decisions OF the Supreme Court of rha
state of Tennessee, at Knoxville, Sep-
tenn Terms 1850.
The East Tennessee and Georgia Railroad Company, Wls
c. Nelson.
This is an appeal in the nature of writ of error
from Judgment rendered in the circuit court Of
Knox county, for the sum of ll.000 dollars, in a
suit brought by William c. Nelson, against the East
Tennessee and Georgia Railroad Company, for fail
ing to transport in due time q large quantity of
wheat, whereby the plaintiff alleges he was greatly
damaged.
There was evidence of a contract between P D.
Gates, of the city OF New York, and said Nelson,
who was a resident of East Tennessee, whereby the
former agreed pay the latter dollar per bush
Ell for red and one dollar and ten cents per bushel
white wheat, of prime quality, and five per cent
commission for buying and shipping, for all that he
could get started from the depots of the East Ten
nessee and Georgia Railroad Company in time GER
tainly to reach New York in July, August, or Sep
TENDER. 1857 but enjoining upon him the necessity,
if possible, Of getting It OF in time to reach New
York in the months of July and August. The proof
did not make it clear whether the wheat, in its
transit to New York. to be at the risk of Nelson
or Gates. For all wheat of the quality named, so
bought and shipped, Nelson was authorized
to draw en- Gates at New York, at sixty days
time from the date of starting, from the va
rious depots. There was also evidence of special
contract between Nelson and the East Ten
nessee and Georgia Railroad Company that cars
would be turnlEneQ N Iake IOrWAFO the wheat a.
fast as Nelson would have it delivered st the depots
and upon the faith of this contract he bought
large quantity, and became bound to the indiVidu-
ais Of whom it was purchased, for the cost of it.
The quantity purchased amounted in all to 81 1884
bushels much of which lay in store at the depots of
the company from three weeks to two months, and
much the greater portion not received by Gates
in New York. until after the 5th Of October, and be-
tween that time and the 9th of November, when the
price of wheat had greatly fallen and was sold at
loss. Some of it arrived in damaged state proba-
bly, caused by being too long stored in large quaint
tles either at the depots of the company or in its
transit to New York. 1t appeared that freight usu
ally went frem East Tennessee to New Yerk in
twelve or fifteen days. The wheat crop of 1857
was uneommOnly large,-and it would seem from
the examination of many Witnesses on the part of
the plaintiffs in error and especially of their officers
and agents. along the line Of the road-that the de-
fence before the jury was put upon the ground Of
the extraordinary crop, and the want of cars 10 tran
sport it-and yet it was admitted by the plaintiffs
in error upon the trial IS evidence that they had
ample means to have carried off the produce. trans
ported on their road, during the months Of July, Au
gust and September 1851 promptly upon lts dehvery
The Circuit Judge perm tied the verdict 70 slano,
and there Is nothing authorize this court 70 grant
a new trial merely upou the evidence II naa ~
ALL 1t must be because Of some error OF law Unly
certain portions of the charge to the jury are set
out in the bill Of exceptions; and we must presume