Sonneborn v. Southern Railway
Supreme Court of South Carolina
Before Watts, J., Fairfield, February term, 1902. Action by Henry Sonneborn & Co. against Southern Railway Co. From judgment for plaintiffs, defendant appeals. cites: Not having been pleaded it was error to permit evidence of loss to whole suits: 5 Ency., 1 ed., 50; 5 Ency.
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Before Watts, J., Fairfield, February term, 1902. Action by Henry Sonneborn & Co. against Southern Railway Co. From judgment for plaintiffs, defendant appeals. cites: Not having been pleaded it was error to permit evidence of loss to whole suits: 5 Ency., 1 ed., 50; 5 Ency. P. & P., 719 to 721; 1 Suth. on Dam., 2 ed., sec. 14; 3 Brev., 185; 40 S. C., 528; 39 S. C., 468; 31 S. C., 149; 3 Strob., 373.; 51 S. C., 484; 45 S. C., 282; 57 S. C., 433. Evidence as to effect on canvas in coats being wet, was error: 1 Thom, on Trials, secs. 545, 604; 19 S. C., 66. As to loss by act of God: 1 Ency., 1…
1Opinion of the Court
The opinion of 'the Court was delivered by
Mr. Justice Jones.
The appeal in this case is from a judgment on verdict in favor of plaintiffs in an action for damages alleged to have been caused by defendant’s negligent and wanton conduct in putting off its train in Winnsboro, S. C., ten trunks of sample clothing belonging to plaintiffs, during a severe rain and without any protection, whereby the samples became wet and injured.
1 The first exception assigns error in admitting the deposition of Moses S. Sonneborn, the objections thereto being (1) That it was taken in the office of Shiver, Bartlett…
2Cases cited4 opinions
- Mood v. W. U. Telegraph Co.Supreme Court of South Carolina · 1894
- Loeb v. MannSupreme Court of South Carolina · 1893
- Lipscomb v. TannerSupreme Court of South Carolina · 1889
- Pearson v. County of SpartanburgSupreme Court of South Carolina · 1898
3Cited by11 opinions
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Gulf, Colorado & Santa Fe Ry. Co. v. BoyceCourt of Appeals of Texas · 1905
- Hobbs v. Carolina Coca-Cola Bottling Co.Supreme Court of South Carolina · 1940
- Battle v. Columbia, Newberry & Laurens R. R.Supreme Court of South Carolina · 1904
- Carolina Life Ins. Co. v. Bank of GreenwoodSupreme Court of South Carolina · 1950
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