Batesburg Cotton Oil Co. v. Southern Ry. Co.
Supreme Court of South Carolina
Before Wilson, J., Lexington, February, 1915. Action by the Batesburg Cotton Oil Company against the Southern Railway Company and another.
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Before Wilson, J., Lexington, February, 1915. Action by the Batesburg Cotton Oil Company against the Southern Railway Company and another. Judgment for defendants, sustaining their demurrers, and plaintiff appeals. cites: As to the construction placed by the parties on the contract: 2 Parsons, Contracts (16th ed.), sec. 498; 48 L. R. A. 41-46. Issue as to whether the representations were made, and with what intent: 50 S. C. 397, 401, 402; 92 S. C. 384, 393. cite: As to issue of fraud: 98 S. C. 162; 82 S. C. 176; 1 Strob. 400; 62 S. C. 42; Cooley, Torts 474; 23 Beav. 530; 5 Pa. St. 216; 47 Am.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an action for $79,602.45 for the loss of plaintiff’s plant and property at Batesburg, April 27, 1913. It is alleged that the property was destroyed by fire communicated to it by a locomotive of defendant on the main line of Southern Railway Company. The defendant in its answer sets up, as a bar to its recovery, certain exemption clauses in an industrial track agreement and track scale agreement made with the Batesburg Oil Mill, and warehouse agreement and an industrial track agreement made with the plaintiff. The plaintiff, by…
2Cases cited1 opinion
- Mayfield v. Southern Ry.—Carolina DivisionSupreme Court of South Carolina · 1910
3Cited by14 opinions
- Charleston & Western Carolina Railway Co. v. JoyceSupreme Court of South Carolina · 1957
- Rhame v. National Grange Mutual InsuranceSupreme Court of South Carolina · 1961
- Watson v. Southern Railway Co.District Court, D. South Carolina · 1975
- Bank of Loretto v. BoboAlabama Court of Appeals · 1953
- Chapman v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1934
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