Eastover Mule & Horse Co. v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Spain, J., St. Matthews, May, 1913. Action by Eastover Mule & Horse Company against Atlantic Coast Rine Railroad Company. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion. submit: Amount of verdict not supported by testimony.
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Before Spain, J., St. Matthews, May, 1913. Action by Eastover Mule & Horse Company against Atlantic Coast Rine Railroad Company. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion. submit: Amount of verdict not supported by testimony. Under Carmack Amendment suit can not be maintained against terminal carrier of interstate shipment: 34 U. S. Stats. 594; 223 U. S. 481; 46 R. Ed. 516; 226 U. S. 491; 57 E. Ed. 314; 226 U. S. 513; 57 R. Ed. 323; 226 U. S. 519; 57 R. Ed. 328; 227 U. S. 657; 57 R. Ed. 690; 228 U. S. 593; 57 R. Ed. 980; 250 U. S. 352; 57 R. Ed. 1511;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Action to recover $1,266.06 for damages to a car of live stock. Plaintiff had a verdict for $900.00. Defendant appeals.
The appellant has argued only two issues; they are: (1) The defendant’s liability is only $605.71, if for anything; and not for $900.00, found by the jury. (2) The defendant is not liable at all, by the terms of the Carmack Amendment.
1 These in an inverse order. The following is the Car-mack Amendment: “That any common carrier, railroad or transportation company receiving property for transportation from a point in one…
2Cases cited5 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Galveston, Harrisburg & San Antonio Railway Co. v. WallaceSupreme Court of the United States · 1912
- Willett v. Southern Ry.Supreme Court of South Carolina · 1902
- Deaver-Jeter Co. v. Southern Ry.Supreme Court of South Carolina · 1913
- Dupre Company v. RailwaySupreme Court of South Carolina · 1914
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- Carr v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1916
- Southern Textile MacHinery Co. v. Piedmont & Northern Railway Co.Supreme Court of South Carolina · 1920
- Ingram v. Davis, AgentSupreme Court of South Carolina · 1924
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