Dunbar v. Charleston & Western Car. Ry.
Supreme Court of South Carolina
Before Hudson, special Judge", Barnwell, April, 1901. Action by C. B. Dunbar against Charleston and Western Carolina Ry. Co. From judgment for defendant, plaintiff appeals. cite: This was a contract to transport to New York: 10 Rich., 382; and not merely to “forward:” 36 S. C., 116. There could be no agreement by plaintiff to limitations of which he had no knowledge, and which were not brought to his attention: 32 Md., 333; Fed.
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Before Hudson, special Judge", Barnwell, April, 1901. Action by C. B. Dunbar against Charleston and Western Carolina Ry. Co. From judgment for defendant, plaintiff appeals. cite: This was a contract to transport to New York: 10 Rich., 382; and not merely to “forward:” 36 S. C., 116. There could be no agreement by plaintiff to limitations of which he had no knowledge, and which were not brought to his attention: 32 Md., 333; Fed. Cas., No. 689; 14 Blaekf., 9; 16 111. App., 425; 91 111., 195; 160 111., 648; 78 Ala., 597. Any doubt in bill of lading must be solved in favor of shipper: 47 U. S.…
1Opinion of the Court
The opinion of the Court was delivered by
'Mr. Justicl Gary.
This is an action for the recovery of $305 damages to three carloads of melons shipped over the defendant’s railway. The case was tried before his Honor, J. H. Hudson, and a jury, on the following stipulation as admission of facts:
“For the purposes of the trial of the above entitled action, it is agreed between counsel for the plaintiff and defendant that the following facts are admitted to be true:
“That the melons described in the complaint were the property of the plaintiff, and were delivered by him to the defendant, at the times…
2Cited by7 opinions
- McMeekin v. Southern Ry.Supreme Court of South Carolina · 1909
- Morris Packing Co. v. Susquehanna S. S. Co.Court of Appeals for the Fourth Circuit · 1924
- Lawrence Leather Co. v. Norton, Lilly & Co.District Court, S.D. New York · 1926
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. C. & A. Potts & Co.Indiana Court of Appeals · 1904
- Gibson v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1911
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