C. L. Pace & Co. v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Shipp, J., Marion, September, 1908. Action by C. L. Pace & Co. against Atlantic Coast Line Railroad Company. From Circuit order reversing judgment of Magistrate D. J. Oliver, plaintiff appeals. Oral argument. cite: Plaintiff did not make out his case: 66 S. C., 477; 78 S. C., 42; Moore on Carriers, 391, 490; 78 S'. C., 81.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages to a china closet, and for fifty ($50.00). dollars penalty.
The case was tried before a magistrate, who (a jury trial being waived) rendered judgment for the amount claimed and costs, to wit, sixty-six dollars ($66.00i). The defendant appealed to the Circuit Court.
On hearing the appeal his Honor, the Circuit Judge, ordered that the judgment of the magistrate be reversed and that a new trial be granted, on the ground that there was no testimony that the goods alleged to have been damaged were injured while…
2Cases cited1 opinion
- Lampley v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
3Cited by6 opinions
- Daughty v. Northwestern RailroadSupreme Court of South Carolina · 1912
- Ingram v. Hines, Dir. Gen.Supreme Court of South Carolina · 1923
- Snipes v. Davis, Director GeneralSupreme Court of South Carolina · 1925
- Jones v. Cotton MillsSupreme Court of South Carolina · 1909
- Simmons v. MasonSupreme Court of South Carolina · 1911
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