Legal Opinion

Ferguson v. Southern Ry.

Supreme Court of South Carolina

Decided March 23, 1912No. 8444PublishedCited by 1 opinion

Before Ernest Moore, special Judge, York, November term, 1910. Action by W. E. Ferguson against Southern Railway Company. Defendant appeals. cite: There is no liability for a loss which could not reasonably have been foreseen or anticipated: 13 Emcy. 921; 21 Emcy. 486, 489; 98 S. W. 939; 24 Am. St. R. 929; 15 Col. 333. The negligence intermingling with the act of God must be the co-operating or proximate cause: 29 S. C. 101; 65 S. C. 502; 110 Am. St. R. 361; 117 Mo.

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Before Ernest Moore, special Judge, York, November term, 1910. Action by W. E. Ferguson against Southern Railway Company. Defendant appeals. cite: There is no liability for a loss which could not reasonably have been foreseen or anticipated: 13 Emcy. 921; 21 Emcy. 486, 489; 98 S. W. 939; 24 Am. St. R. 929; 15 Col. 333. The negligence intermingling with the act of God must be the co-operating or proximate cause: 29 S. C. 101; 65 S. C. 502; 110 Am. St. R. 361; 117 Mo. App. 288; 113 Mo. App. 544; 126 Mo. App. 532; 41 Am R. 696; 59 S. E. 949; 1 Thump', on Neg., secs. 70-75. Degree of care…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hyprick.

Plaintiff recovered judgment against defendant for $34, the value of a lost shipment of sugar and rice, consigned to him, at Yorkville, S'. C., by the Tiedeman Company, of Charleston, S. C., on August 24, 1908, and also the penalty of $50, provided by statute, for the failure of defendant to pay the claim' therefor within the time fixed by the statute, after the filing thereof. Defendr ant admitted the loss- of the goods while in its possession, at Kingville, S. C., on August 28, 1908, and undertook to excuse itself from liability…

2Cases cited2 opinions

  1. Sonneborn v. Southern RailwaySupreme Court of South Carolina · 1903
  2. Slater v. South Carolina Railway Co.Supreme Court of South Carolina · 1888

3Cited by1 opinion

  1. Chesapeake & O. Ry. Co. v. J. Wix & Sons, Ltd.Court of Appeals for the Fourth Circuit · 1937

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