Smith & Co. v. Southern Ry.
Supreme Court of South Carolina
Before Wilson, J., Orangeburg, -, 1908. Action by A. Z. Smith & Co. against Southern Railway Company, in court of Magistrate D. B. Berry.
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Before Wilson, J., Orangeburg, -, 1908. Action by A. Z. Smith & Co. against Southern Railway Company, in court of Magistrate D. B. Berry. From Circuit order modifying judgment of magistrate, defendant appeals. cite: Claim must be Med with agent of carrier at destination: 71 S. C., 273; 80 S. C., 527; 72 S. C., 483; 79 S. €., 299, 254; 78 S. C., 55. Suit must be brought when cause of action arose: 81 S- C., 387. Jurisdiction of inferior courts must be proved: 17 Ency., 225, 1082; 24 Cyc., 440‘; Chev., 235; 1 Bail., 459; 2 Bail., 267. Question of jurisdiction may be raised here: 74 S'. C., 441.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The action was brought against the Southern Railway Company and Branchville and Bowman Railroad Company for the recovery of $5.10, the value of 192 pounds- of flour lost between Charleston, S. C., and Bowman, S'. C., the terminus of the Branchville and Bowman Railroad, and for fifty dollars, the statutory penalty for failure to adjust the claim within the statutory limit of forty days. After the evidence had been introduced, the Court, by consent of the attorney for the plaintiff, struck out the name of Branchville and Bowman Railroad…
2Cases cited3 opinions
- Venning v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
- Balderston v. Western Union Tel. Co.Supreme Court of South Carolina · 1908
- L. D. Riley & Son v. Southern Ry.Supreme Court of South Carolina · 1908
3Cited by1 opinion
- Darby v. Southern Ry. Co.Supreme Court of South Carolina · 1917