Jonesville Mfg. Co. v. Southern Ry.
Supreme Court of South Carolina
Action by Jonesville Mfg. Co. v. Southern Ry. Co. From judgment for plaintiff, defendant appeals. The former cite: Bill of lading and not statute governs: 19 S. C., 353; 36 S. C., 110; 43 S- C., 473. Court below construed statute too narrow: 14 Ency., 979. cite: Railroads are not required to give notice to consignees: 50 S. C., 129; 72 S. C., 43. Uvery shipper is presumed to have assented to provisions in bill of lading: 5 Ency., 296. As to waiver of defects in depositions:…
Read the full summary
Action by Jonesville Mfg. Co. v. Southern Ry. Co. From judgment for plaintiff, defendant appeals. The former cite: Bill of lading and not statute governs: 19 S. C., 353; 36 S. C., 110; 43 S- C., 473. Court below construed statute too narrow: 14 Ency., 979. cite: Railroads are not required to give notice to consignees: 50 S. C., 129; 72 S. C., 43. Uvery shipper is presumed to have assented to provisions in bill of lading: 5 Ency., 296. As to waiver of defects in depositions: 33 N. J., 26; 33 Miss., 669; 124 Ind., 443; 116 Ind. 502; 2 Elliott on Ev., secs. 1151, 1180. What objection to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
This action was begun on August the 4th, 1905, by the plaintiff to recover of the defendant railroad company the value of five cases of hosiery delivered to it at Jopesville, S. C., consigned to Kaufer, Smithing & Co., Milwaukee, Wis., the same being five of a shipment of seven cases. The defendant admitted the receipt of the goods but alleges that they were lost by a connecting carrier and produced in evidence a contract of carriage signed by both parties, by which it was agreed defendant’s liability should be limited to its own…
2Cases cited4 opinions
- Bristow v. Atlantic Coast LineSupreme Court of South Carolina · 1905
- Springs, Heath & Co. v. South Bound R. R.Supreme Court of South Carolina · 1896
- Jacobs v. GilreathSupreme Court of South Carolina · 1895
- Norris v. ClinkscalesSupreme Court of South Carolina · 1895
3Cited by3 opinions
- Crosby v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908
- Chartrand v. Southern Ry.Supreme Court of South Carolina · 1910
- Maloney v. Winston Bros.Idaho Supreme Court · 1910