Johnson Motor Co. v. Payne, Director General
Supreme Court of South Carolina
Before Whaeey, J., County Court, Richland, 1920. Action by M. C. Johnson Motor Co. against Jno. Barton Payne, Director General of Railroads, for damages in transit to shipment of automobiles'. From judgment for plaintiff the defendant appeals. cite:' Acts of the shipper is one of the recognized exceptions to liability of carrier of goods: 4 R. B. C. 702 et seq; Id. 732. In cases where goods are shipped in sealed cars: 4 R. C. B. 733: 99 S. C., 198; 39 Stat. B. 541, Fed.
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Before Whaeey, J., County Court, Richland, 1920. Action by M. C. Johnson Motor Co. against Jno. Barton Payne, Director General of Railroads, for damages in transit to shipment of automobiles'. From judgment for plaintiff the defendant appeals. cite:' Acts of the shipper is one of the recognized exceptions to liability of carrier of goods: 4 R. B. C. 702 et seq; Id. 732. In cases where goods are shipped in sealed cars: 4 R. C. B. 733: 99 S. C., 198; 39 Stat. B. 541, Fed. Stat. Ann. 1918, Supp., 77. Defense available against consignor is available against consignee, as bill of lading is sole…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
The Briscoe Motor Company shipped a carload of automobiles containing five cars to itself from Jackson, Mich., to Columbia, S. C., order notify the M. C. Johnson Motor Company at Columbia, S. C. The bill of lading was sent to a bank in Columbia with a draft attached for the price of the cars. The plaintiff paid the draft and demanded the automobiles from the Director General of Railroads, who was then operating the Southern Railway, the final carrier. When the car was opened it was found that every car was damaged considerably. At…
2Cases cited2 opinions
- Ray v. Southern Ry. Co.Supreme Court of South Carolina · 1913
- Fertilizer Company v. Railroad CompanySupreme Court of South Carolina · 1914