Legal Opinion

Hutto v. Southern Railway

Supreme Court of South Carolina

Decided October 15, 1906PublishedCited by 7 opinions

Before Purdy, J., Barnwell, Ball Term1, 1905. Action by Rosa Hutto against Southern Railway Co. Broto judgment for plaintiff, defendant appeals. cites: Provisions of jury lam should be strictly followed: 69 S. C., 494; 12 Ency., 330 ; 29 La.

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Before Purdy, J., Barnwell, Ball Term1, 1905. Action by Rosa Hutto against Southern Railway Co. Broto judgment for plaintiff, defendant appeals. cites: Provisions of jury lam should be strictly followed: 69 S. C., 494; 12 Ency., 330 ; 29 La. An., 822; 30 Md., 163; 11 S. C., 349; 15 Rich., 42; 2 Rich., 535; 5 Ency., 624. Conditions on free pass exempting company from liability- for damage is binding on passenger: 25 Ency., 1096. cite: Defendant was not prejudiced by irregularity in drawing jury: 68 S. C., 500; Act 1902, 1066; 23 Ency., 1 ed., 153; 2 Hill, 379. Carrier cannot contract against…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The plaintiff brought this action to recover damages for the loss of a trunk and contents delivered to defendant as baggage on June 20, 1905, when she became a passenger .on defendant’s train from Denmark, in Barnwell County, to' Calhoun, in Pickens County, and recovered judgment from which defendant appeals.

After interposing a demurrer to. the complaint for insufficiency, which was overruled, defendant challenged the whole array of jurors drawn for the term on the ground that the list from, which the names were taken to be placed in…

2Cases cited1 opinion

  1. Rhodes v. Southern Ry.Supreme Court of South Carolina · 1904

3Cited by7 opinions

  1. State v. WellsSupreme Court of South Carolina · 1931
  2. State v. RasorSupreme Court of South Carolina · 1933
  3. State v. SmithSupreme Court of South Carolina · 1942
  4. Weight v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1916
  5. State v. WashingtonSupreme Court of South Carolina · 1909

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