Legal Opinion

Deaver-Jeter Co. v. Southern Ry.

Supreme Court of South Carolina

Decided October 1, 1913No. 8660PublishedCited by 3 opinions

Before F. B. Gary, J., Union, Fall term, 1913. Action by Deaver-Jeter C% against Southern Railway Co.. Defendant appeals. cite: The State Courts have no authority to try this case: 336 U. S. 491. In this case the Federal rule of proof of loss by act of God should apply: 10 Wall. 176. cites: The plaintiff is the proper party to bring this action: 91 S. C. 503. The Car-mack amendment dos not apply to this case: 88 S. C. 365; 91 S. C. 379; 56 U. S. 516. Burden of proof of loss…

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Before F. B. Gary, J., Union, Fall term, 1913. Action by Deaver-Jeter C% against Southern Railway Co.. Defendant appeals. cite: The State Courts have no authority to try this case: 336 U. S. 491. In this case the Federal rule of proof of loss by act of God should apply: 10 Wall. 176. cites: The plaintiff is the proper party to bring this action: 91 S. C. 503. The Car-mack amendment dos not apply to this case: 88 S. C. 365; 91 S. C. 379; 56 U. S. 516. Burden of proof of loss by act of God is on carrier: 91 S. C. 61; 80 S. C. 310; 65 S. C. 509.

1Opinion of the Court

The opinion of the Court was. delivered by

Mr. Justice Hydricic

In August, 1908, the Fechheimer-Keifer Company, of Cincinnati, Ohio, sold plaintiff a bill of goods and delivered them to. the Louisville and Nashville Railroad Company for transportation and delivery to1 plaintiff, at Carlisle, S. C. The goods were destroyed at Hamberg, S. C., while in defendant’s possession. Defendant denied liability for the loss, on the ground that it was caused by the act of God, to1 wit: an unprecedented flood in the Savannah River. Under the instructions, of the Court, the verdict established the fact that…

2Cases cited3 opinions

  1. Railroad Co. v. ReevesSupreme Court of the United States · 1870
  2. Slater v. South Carolina Railway Co.Supreme Court of South Carolina · 1888
  3. Deaver-Jeter Co. v. Southern Ry.Supreme Court of South Carolina · 1912

3Cited by3 opinions

  1. Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
  2. Eastover Mule & Horse Co. v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1914
  3. J. S. Pinkussohn Cigar Co. v. Clyde Steamship Co.Supreme Court of South Carolina · 1915

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