Faust v. Southern Railway
Supreme Court of South Carolina
Before Gary, J., Richland, July, 1905. Action by J. A. Faust against Southern Railway Co. From! Circuit order reversing magistrate judgment, plaintiff appeals. cites: General denial does not put in, issue corporate existence: 25 S. C., 309; 27 S. C., 164; 22 S. E., 789. Is defendant liable after notice to stop in transituf 23 S. C., 286; 26 Ency., 2 ed., 1116. As to proof of agency: 67 S. C., 395. cites: Evidence of defendant’s oivmei'ship of cars must be shown: 63 S. C.,…
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Before Gary, J., Richland, July, 1905. Action by J. A. Faust against Southern Railway Co. From! Circuit order reversing magistrate judgment, plaintiff appeals. cites: General denial does not put in, issue corporate existence: 25 S. C., 309; 27 S. C., 164; 22 S. E., 789. Is defendant liable after notice to stop in transituf 23 S. C., 286; 26 Ency., 2 ed., 1116. As to proof of agency: 67 S. C., 395. cites: Evidence of defendant’s oivmei'ship of cars must be shown: 63 S. C., 96. Right of .stoppage in transitu only arises in case of insolvency: Benj. on Sales, secs. 1229, 1243, 1279; 9 M. & W.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
The complaint alleges that the plaintiff shipped fourteen cords of wood, a carload, over the defendant railroad from a station known as Sharps, to the city of Columbia, consigned to J. D. Trotter, the railroad issuing its bill of lading therefor, freight to- be collected, on the 23 d of March, 1904; that the consignee, the said J. D. Trotter, refused to receive the carload of wood, of which fact the defendant gave the plaintiff notice. That the plaintiff thereupon ordered the said defendant to deliver said wood to< the S. C.…
2Cases cited1 opinion
- Montgomery v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1906
3Cited by4 opinions
- Keokuk & Hamilton Bridge Co. v. WetzelIllinois Supreme Court · 1907
- Interstate Window Glass Corp. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1926
- Phillips-Patterson v. Northwestern R. Co.Supreme Court of South Carolina · 1917
- Patterson v. American Railway Express Co.Supreme Court of South Carolina · 1924