C. E. Rippy & Co. v. Southern Ry.
Supreme Court of South Carolina
Before Purdy, J., Cherokee, July, 1907. Action by C. E. Rippy & Co. against Southern Railway. From Circuit order sustaining judgment of Magistrate B. J. Gold, defendant appeals. cites: Plaintiff not entitled to penalty: 72 S. C., 479. Upon notice to produce original proof of its existence must be shown before copy is competent: McKelvy on Ev., 348; 1 Green.
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Before Purdy, J., Cherokee, July, 1907. Action by C. E. Rippy & Co. against Southern Railway. From Circuit order sustaining judgment of Magistrate B. J. Gold, defendant appeals. cites: Plaintiff not entitled to penalty: 72 S. C., 479. Upon notice to produce original proof of its existence must be shown before copy is competent: McKelvy on Ev., 348; 1 Green. Ev., sec. 588; 43 S. C., 24. cites: Delivery of part of shipment to consignee is prima facie delivery of whole to carrier: 66 S. C., 478; 76 S. C., 309; Charles v. Ry. and Cooper v. Ry., 78 S. C.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
C. E. Rippy and L. W. McSwain, partners, doing business at Blacksburg, S. C., under the firm name of C. E. Rippy & Co., after alleging that the defendant is a railroad corporation and a common carrier of freight for hire, allege: that on the 15th day of September, 1906, the Bousiville Packing Company shipped from Bouisville, Ky., over defendant’s road, two tubs of lard worth $10.03, which were the goods of plaintiffs and consigned' to them at Blacksburg, S. C., for which a bill of lading was duly issued to the plaintiff herein by…
2Cases cited1 opinion
- Best v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1905
3Cited by5 opinions
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- Southern Power Co. v. WilliamsSupreme Court of South Carolina · 1910