Funderburg v. Augusta & Aiken Ry. Co.
Supreme Court of South Carolina
Before Prince, J., Aiken, February, 1908. Action by A. M. Funderburg, by guardian, against Augusta and Aiken Railway Company. From order affirming judgment of Magistrate D. H. Turner, defendant appeals. cite: Rule requiring change of two dollars only is reasonable: 35 L. R. A., 489. Carrier is not bound to publish rules for governing employees: 10 J. & S-. 128; 34 Am.
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Before Prince, J., Aiken, February, 1908. Action by A. M. Funderburg, by guardian, against Augusta and Aiken Railway Company. From order affirming judgment of Magistrate D. H. Turner, defendant appeals. cite: Rule requiring change of two dollars only is reasonable: 35 L. R. A., 489. Carrier is not bound to publish rules for governing employees: 10 J. & S-. 128; 34 Am. R., 277; 35 E. R. A., 489. Occasional departure from rule does not show waiver: 51 S. E., 119; 27 Ency., 1038. cite: Must the carrier furnish any change? 15 Am. St. R., 61; 56 Am. St. R., 626; 35 L. R. A., 489; 28 Ency., 167;…
1DissentJustice Gary
This is an action for damages against the defendant, a corporation operating a line of railway by electric power between the cities of Augusta and Aiken.
The complaint alleges that on the 10th of November, 1907, the plaintiff boarded a passenger car of said company at Langley, intending to go to Warrenville, and that, for his fare upon the said car, he tendered to the conductor a $5.00 bill, said money being tendered for the purpose of taking out the legal change for transporting him as a passenger, to wit, five cents; but that said conductor unlawfully refused to accept said money and to…
2Cases cited3 opinions
- Norman v. Southern Ry.Supreme Court of South Carolina · 1903
- Jumper v. Commercial BankSupreme Court of South Carolina · 1893
- Williams v. UlmerSupreme Court of South Carolina · 1906