Brown v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Shipp, J., Sumter. Action by W. T. Brown against Atlantic Coast Line Railroad Company in court of magistrate. From Circuit order, reversing magistrate’s judgment, plaintiff appeals. cites: The Court zvill construe an ambiguous contract as the parties do: 59 S. C. 81. cites: The zvord notify signifies the person named is not the consignee: 1 Hutch, on Car. 187; 4 Ell. on R. R. 3316; 38 S. E. 867; 106 Fed. 633; 133 U. S. 737; 4 Daly 318; 18 Conn. 66. Bill of lading does…
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Before Shipp, J., Sumter. Action by W. T. Brown against Atlantic Coast Line Railroad Company in court of magistrate. From Circuit order, reversing magistrate’s judgment, plaintiff appeals. cites: The Court zvill construe an ambiguous contract as the parties do: 59 S. C. 81. cites: The zvord notify signifies the person named is not the consignee: 1 Hutch, on Car. 187; 4 Ell. on R. R. 3316; 38 S. E. 867; 106 Fed. 633; 133 U. S. 737; 4 Daly 318; 18 Conn. 66. Bill of lading does not show Brozan was consignee: 6 Cyc. 470; 50 Ala. 353. Statute must be strictly construed: Black on Int. of L. 387; 13…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Young & Metzner, of New York, consigned to their own order, at Wedgefield, S. C., a bundle of bagging, in a bill of lading which contained the words, “order notify W. T. Brown.” Brown paid for the bagging, and obtained the bill of lading, which he presented to defendant’s agent at Wedgefield and demanded the bagging, which was not delivered to him, because it had been lost by defendant. Having waited some time for defendant to find and deliver the bagging, and it having failed to do so, plaintiff filed a claim for its value which…
2Cited by9 opinions
- Cato v. Grendel Cotton MillsSupreme Court of South Carolina · 1925
- Trammell v. Victor Manufacturing Co.Supreme Court of South Carolina · 1915
- Reading Co. v. SobelmanSuperior Court of Pennsylvania · 1940
- Davis v. RichardsonSuperior Court of Pennsylvania · 1925
- Southern Ry. Co. v. Collins.Supreme Court of South Carolina · 1923
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