Legal Opinion

Darby v. Southern Ry. Co.

Supreme Court of South Carolina

Decided September 25, 1917No. 9809PublishedCited by 3 opinions

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.

Read the full summary

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

  1. Jenkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
  2. Strickland v. StricklandSupreme Court of South Carolina · 1913
  3. Hines v. JarrettSupreme Court of South Carolina · 1887
  4. Ex Parte TownesSupreme Court of South Carolina · 1914
  5. Smith & Co. v. Southern Ry.Supreme Court of South Carolina · 1909

3Cited by3 opinions

  1. Sanders v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1920
  2. Ragin v. Northwestern R. Co.Supreme Court of South Carolina · 1917
  3. Wimberly, Agt., Etc. v. ShorterSupreme Court of South Carolina · 1944

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API