Ferguson v. Southern Ry.
Supreme Court of South Carolina
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
- Sonneborn v. Southern RailwaySupreme Court of South Carolina · 1903
- Slater v. South Carolina Railway Co.Supreme Court of South Carolina · 1888
3Cited by1 opinion
- Chesapeake & O. Ry. Co. v. J. Wix & Sons, Ltd.Court of Appeals for the Fourth Circuit · 1937