Legal Opinion

Trakas v. Southern Railway Co.

Supreme Court of South Carolina

Decided September 30, 1915No. 9206PublishedCited by 1 opinion

Before DeVore, J., Spartanburg, October, 1913. Action by N. S. Trakas against Southern Railway Company. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion. cite: As to contract limiting amount of damages in case of loss: 226 U. S. 491; 35 Sup. Ct.

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Before DeVore, J., Spartanburg, October, 1913. Action by N. S. Trakas against Southern Railway Company. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion. cite: As to contract limiting amount of damages in case of loss: 226 U. S. 491; 35 Sup. Ct. Rep. 351; 84 S. C. 249. Duty of consignee to minimize damages by prompt acceptance of goods: 5 Ribh. 462; 7 Rich. 190; 82 S. C. 307; lb. 375. New trial: 68 S. C. 523; 73 S. C. 466. cite: Amount and cause of damages questions for jury: 88 S. C. 312; lb. 360-366. Duty to carry with reasonable diligence: 78 S. C. 8-10.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

1 We think the judgment of the Circuit Court must be affirmed, except as to so much of it as allows the penalty. The final arbiter of that question has, since the trial on Circuit, outlawed our penal statute in those shipments which-move from one State to another; and this is one of that sort.

On other questions the appellant has made ten exceptions.

These we shall not consider by name, the appellant’s counsel has not so regarded them; he has argued two questions: (1) a verdict should have been directed for defendant; (2) the defendant…

2Cases cited1 opinion

  1. Kelly v. Southern Ry.Supreme Court of South Carolina · 1909

3Cited by1 opinion

  1. Bank v. Hines, Director GeneralSupreme Court of South Carolina · 1920

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