Brunson v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
. Before Aldrich, J., Darlington, November Term, 1904. Action by Brunson and Boatwright against Atlantic Coast Bine Railroad Co. From judgment for plaintiff, defendant appeals on following exceptions “1. Because it appears, from the pleadings, the contract of carriage is alleged and admitted; that is, that the defendant undertook to transport the goods to Darlington, to notify the plaintiff, and, upon surrender of the bill of lading to deliver the goods.
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. Before Aldrich, J., Darlington, November Term, 1904. Action by Brunson and Boatwright against Atlantic Coast Bine Railroad Co. From judgment for plaintiff, defendant appeals on following exceptions “1. Because it appears, from the pleadings, the contract of carriage is alleged and admitted; that is, that the defendant undertook to transport the goods to Darlington, to notify the plaintiff, and, upon surrender of the bill of lading to deliver the goods. The testimony of the plaintiff proves beyond cavil that all this was done. There was, therefore, no issuable fact for the jury, and his…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action to recover the value of thirty-three barrels of flour destroyed by fire while in the defendant’s depot.
The Lexington Roller Mills Co. delivered to the defendant at Lexington, Ky., forty barrels of flour to be transported to Darlington, S. C. A draft with the bill of lading attached was sent to the bank, with the instructions to notify the plaintiffs when the flour arrived. On the 23d of September, 1899, the plaintiffs paid the draft, delivered the bill of lading to the defendant, and removed six of said barrels of…
2Cases cited2 opinions
- Whitney Manuf. Co. v. Richmond, R. R.Supreme Court of South Carolina · 1893
- Bristow v. Atlantic Coast LineSupreme Court of South Carolina · 1905
3Cited by15 opinions
- Farmers' Mercantile Co. v. Northern Pacific Railway Co.North Dakota Supreme Court · 1914
- Traders Compress Co. v. PrecureSupreme Court of Oklahoma · 1924
- Traders Compress Co. v. PrecureSupreme Court of Oklahoma · 1929
- Hadfield v. GilchristCourt of Appeals of South Carolina · 2000
- Heiden v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
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