The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-08-17
Rail AND CROsSTIE.

The gross earnings Of 1874 roads for July
aggregate 0,643, 744, a gain of over So
400, 900 in amount, and of 9 per cent. over
the earnings of the same roads in July q
year ago.
No successor to General Freight Agent ].
NJ. Culp of the Louisville and Nashville has
as yet been appointed. While the officials
are still ignorant as to who he will be, gos-
sip has already selected him. The man
chosen for the office is Horace F. Smith,
superintendent of terminal facilities of the
Louisville and Nashville.
A Chicago special says the Pullman Palace
Car Company is having trouble with other
railroads than the st. Paul The Rhode
Island refuses to pay its bills unless it can
get detailed statement, and it is also said
the Atchison refuses to pay bills which it
considers exorbitant, and also mileage on
inferior sleeping cars which the Pullman
company is attempting to palm off on its
southwestern lines. The Milwaukee North
ern contracts, which will expire in three
years, will not be renewed with the Pullman.
1t is stated that the Missouri Pacific will
substitute Wagner cars or cars Of its own
management on its lines when the Pullman
contract expires. The Chesapeake and Ohio
has substituted its own dining cars for the
Pullman's, and saves money thereby.
Rumor has it now that the Mobile and
Birmingham road, division uf the East
Tennessee. Virginia and Georgia system,
between Selma and Mobile, will pull out
from the management of the East Ten
nessse system and operate as an independ-
ent line. The change, it is said. will go iuto
effect on Sept. l. The Mobile and Bir-
minghAm people are now negotiating, so the
report also has it, with the Western road
for the latter's freight depot in Selma,
which will be vacated soon by the Western
road for its new freight house. The Mobile
and Birmingham road has been in opera
tion now for nearly two years between
Selma and Mobile It is a good piece of
property aud furnishes the East Tennessee,
Virginia and Georgia road an outlet TO the
gulf, something the latter has been seeking
for some time past
According to the decision of the supreme
court of Iowa, in the case of Garrett vs..
Western Union Telegraph Company, re-
ported in the RdiLlOay and Corporation
LdU Journal, the statement printed on a
telegraph blank that the sender agrees that
he will not claim damages for errors or de-
lays, or for non-delivery of the message,
does not exonerate the company from liabil-
ity for failing to send the message. nor " ill
such statement effect the company's liability
for non-delivery where It is clearly proved
that the message was not delivered aud
there is nothing 20 show any effort to de-
liver 1t. In the case before tue court, 1t APP
peared that dealer in cattle living In Iowa
wired his Chicago correspondent. "Send me
market, Kansas City, tomorrow and next
day." and that be had previously sent and
received great many messages from that
office The court held that it was a ques-
ton for the jury whether the message
charged the company with notice that the
sender intended to act upon the result of it
in buying or selling cattle at Kansas City.
IL having been shown by the evidence that
the sender of the message had an arrange
ment with his correspondent to the effect
that il there was no change IN the market
the correspondent would not answer his tel
egram, aud that on receiving NO answer to
the telegram the sender bought cattle at the
last price thaJ had been sent him, but that
he could have ascertained the market price
by other means, the court held that the
question of his right to recover the dam
ages incurred through his purchase Of cattle
should be submitted to the jury.