Kolb v. Southern Ry.
Supreme Court of South Carolina
Before Klugh, J., Sumter, April, 1907. Action by H. Spurgeon Kolb against Southern Railway. From judgment in favor of plaintiff, he appeals. cites: Notice at the terminal point is sufficient, and plaintiff is entitled to damages for negligence after notice: 76 S. C., 342. cites: Liability of carrier for delay is that naturally arising from breach of contract: 71 S. C., 82, 211; 73 S. C„ 264; 74 S. C., 286; 75 S. C., 58, 351; 77 S. C., 182'. As to special damages: 3 Hutch.
Read the full summary
Before Klugh, J., Sumter, April, 1907. Action by H. Spurgeon Kolb against Southern Railway. From judgment in favor of plaintiff, he appeals. cites: Notice at the terminal point is sufficient, and plaintiff is entitled to damages for negligence after notice: 76 S. C., 342. cites: Liability of carrier for delay is that naturally arising from breach of contract: 71 S. C., 82, 211; 73 S. C„ 264; 74 S. C., 286; 75 S. C., 58, 351; 77 S. C., 182'. As to special damages: 3 Hutch. Car., sec. 1367-8; 76 S. C.,.838; 79 S. C., 155; 6 Cyc., 450.
1Opinion of the Court
The opinion; of the Court was delivered by
Mr. Justice Jones.
On August 25, 1905, the Continental Gin Company of Prattsville, Alabama, delivered to the Louisville and Nashville Railroad Company two gins, with condensers, pulleys and attachments, consigned to plaintiff at Tourneys, S. C. The shipment was transferred to the defendant company at Atlanta, Ga.. on September 7, 1905, and arrived at Sumter, S. C., on September 19, 1905, with certain parts of the machinery broken.
' This action was brought to recover ten dollars damages for injury to the machinery, and two hundred dollars as special…
2Cases cited10 opinions
- Pearlstine v. Westchester Fire Ins.Supreme Court of South Carolina · 1904
- Mood v. W. U. Telegraph Co.Supreme Court of South Carolina · 1894
- Poteet v. Western Union Tel. Co.Supreme Court of South Carolina · 1906
- Rogers v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
- Strange v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Towles Arnett v. Railroad Co.Supreme Court of South Carolina · 1909
- Berley v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1909
- Laird v. Atlantic Coast Line R.Supreme Court of South Carolina · 1925
- Einbinder v. Western Union Telegraph Co.Supreme Court of South Carolina · 1944
- Martin v. Southern Ry.Supreme Court of South Carolina · 1911
3 more not listed; retrieve them via the Exa API.