Darby v. Southern Ry. Co.
Supreme Court of South Carolina
Before Maurdin, J., Chester, November, 1916. Action by O. A. Darby against the Southern Railway Company and another. From a judgment of a magistrate’s Court in favor of the defendant, Atlantic Coast Dine Railroad Company, affirmed by the Circuit Court, plaintiff appeals. cite: As to jurisdiction of magistrate: Code Civ.
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Before Maurdin, J., Chester, November, 1916. Action by O. A. Darby against the Southern Railway Company and another. From a judgment of a magistrate’s Court in favor of the defendant, Atlantic Coast Dine Railroad Company, affirmed by the Circuit Court, plaintiff appeals. cite: As to jurisdiction of magistrate: Code Civ. Proc., sec. 174; 47 S. C. 3$7. Cause of action for penalty: 47 S. C. 387; 65 S. C. 326; 81 S. C. 390. Venue: Civil Code, secs. 2573, 2576; 81 S. C. 390; 73 S. C. 192; Pomeroy Rem. Rights (2d ed.) 496; 85 Kan. 48; 116 Pac. 475. Remedy as to venue: 87 S. C. 101; 86 S. C. 324; 22…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff brought this action in the Court of a magistrate in Chester county against the defendants jointly, alleging that on March 11, 1916, he deposited his suit case with the joint agent of defendants at Camden and received a parcel check for it; that several hours afterwards he bought a ticket over the Atlantic Coast Line Railroad from Camden to Sumter, and gave the agent of that road the parcel check in exchange for a baggage check for his suit case; that when it was delivered to him at Sumter he discovered that it had been…
2Cases cited5 opinions
- Jenkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- Strickland v. StricklandSupreme Court of South Carolina · 1913
- Hines v. JarrettSupreme Court of South Carolina · 1887
- Ex Parte TownesSupreme Court of South Carolina · 1914
- Smith & Co. v. Southern Ry.Supreme Court of South Carolina · 1909
3Cited by3 opinions
- Sanders v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1920
- Ragin v. Northwestern R. Co.Supreme Court of South Carolina · 1917
- Wimberly, Agt., Etc. v. ShorterSupreme Court of South Carolina · 1944